
Class __. FfeqS 
Book„ 3l)J>_ 
Copyright N -. 



COPVKICHT DEPOSIT. 



Information Concerning 



The Indian Territory. 



Answering such inquiries as would be made by- 
people who contemplate seeking homes 
or making investments, 



COMPILED BY 
EX. UNITED STATES LAND APPRAISERS, 



Price Fifty Cents, postage prepaid, 

Ind, Ter, Publishing Co, 

Muskogee, Ind, Ter, 

1901, 



F& 4 8 



THF J,;»HARY OF 
Two Coh,68 ftecsivto 

OEC, gf 1901 

G rifQMT ENTHr 

Sat. I', /<fot 
CLA33 Os XXa No. 

1.2.3 3^£ 
._ copy a. 



Entered according to Act of Congress 
in the year nineteen hundred and one, by 

N. R. BAKER AND I. N. URY. 

in the office of the Librarian of Congress 

at Washington. 



~mi-M& 



Itfl 

I- V 



INDEX. 



Acreage of Each Nation * 28 

Acreage per capita Each Nation . 28 

Advertisements ■....• 147 to 187 

Checotah ■'. 151 

Durant 187 

Eufaula 178 to 180 

Holdenville .'.'.• 171 to 174 

Madill ..." 175 to 177 

Muskogee .-. . . . . 163 164 174 

Okmulgee 152 to 154 

Railroads 147 to 150 

Roff 181 to 183 

South McAlester 165 to 170 

Tulsa , 159 to 162 

Vinita 184 to 186 

Wagoner 155 to 158 

Application of the Provisions of the Treaties and Laws to 

Each Nation 45 to 63 

Cherokee Nation 59 

Chickasaw Nation 52 

Choctaw Nation 52 

Creek Nation 45 

Seminole Nation 57 

Cities and Towns of the Indian Territory 65 to 116 

Cherokee Nation 102! to 116 

Vinita 102 

Chickasaw Nation 90 to 98 

Madill , ■ 90 

Roff 95 

Choctaw Nation 99 to 101 

South McAlester 99 

Creek Nation 65 to 89 

Checotah p 65 

Eufaula 71 

Holdenville ; 76 

Muskogee -. 87 

Okmulgee 68 

Tulsa 79 

Wagener 74 



Climate 12 

Coal ; . . . 20 

Commission to Five Civilized Tribes 32 

Elevation 12 

Executive Officers of the Nations 23 

Fish and Game 19 

Historical Article 7 

Indian Governments 24 

Interior Department — Officers of 23 

Lands and Titles and General Conditions 37 

Minerals 21 

Notes and Items 39 

Oil : 21 

People of the Territory- 28 

Physical Conditions 13 

Population , 28 to 31 

Indians in Each Nation 28 

Total in Each Nation 29 

Total in the Territory 29 

Towns 30 

Whites in the Territory 29 

Prefatory 5 

Products 15 

Railroads : 26 

Schools and Churches 25 

Stock Raising 17 

Timber 20 

Townsites 36 

Treaties and Laws Pertaining to the Five Civilized Tribes 

117 to 145 

Cherokee Nation (Curtis Act) 130 

Chickasaw Nation (Atoka Agreement) 138 

Choctaw Nation (Atoka Agreement) 138 

Creek Nation (Creek Treaty) 117 

Curtis Act 130 

Seminole Nation (Seminole Agreement) 127 

United States Courts 22 

United States Officers 22 to 23 



PREFATORY. 

The information given in this publication is intend- 
ed to answer such inquiries as would be made by the 
hoineseeker, the capitalist for investment, the business 
man, who is looking for a new location in a growing coun- 
try, and the farmer who cannot pay fancy prices for ag- 
ricultural land, but who can rent for a few years, until 
he has accumulated enough to buy a farm and own his 
own home. It is compiled by men who have been in the 
field appraising the land in forty-acre tracts under the 
Commission to the Five Civilized Tribes, and who, from 
the knowledge gained in their work, are competent to 
judge and know whereof they speak. We have tried to 
give facts and figures in plain lauguage, without making 
any attempt at a literary effort. We are not in any way 
interested in the sale of a single piece of property in the 
Indian Territory, and while we would refer all further 
inquiries to the advertisers in this publication, each one 
of whom is perfectly reliable, yet to such as want any 
information we can give we will gladly answer inquiries 
that may not be covered herein, 

IXD. TEE. PUB. CO., 

Muskogee, Ind. Ter. 



The Indian Territory. 



HISTORICAL, 

The Indian Territory is virtually the last remaining 
vestige of the vast expanse of territory set apart for oc- 
cupation by the Indians in the act signed by Jackson in 
1834. Jefferson proposed just after the Province of 
Louisiana was bought that the greater portion of it 
should be alloted to the Indians. He doubted the auth- 
ority of the I- resident and Congress to buy territory, and 
he proposed an amendment to the Constitution to legal- 
ize the acquisition of Louisiana. This, which would have 
been the thirteenth amendment to the Constitution if it 
had been adopted, set forth that "Louisiana, as ceded by 
France to the United States, is made a part of the 
United States; its white inhabitants shall be citizens, 
and shall stand as to their rights and obligations on the 
same footing with other citizens of the United States in 
analogous situations; save only that, as to the portion 
lying north of an east and west line drawn through the 
mouth of the Arkansas River, no new State shall be es- 
tablished, nor any grants of land made other than to 
Indians in exchange for equivalent portions of land oc- 
cupied by them, until an amendment to the Constitution 
shall be made for these purposes.-' 

Jefferson had a more active imagination than was 
possesed by almost any other of the great American 
statesmen of his time. He could see farther into the 
future than ?ny of his conspicuous contemporaries. The 
greater portion of the new region which he bought in 
1803 he evidently supposed would be in a state of sav- 
agery for centuries to come, as is shown by this 



S THE INDIAN TERRITORY. 

stipulation in his proposed thirteenth amendment 
to the Constitution to legalize his purchase of Louisiana. 
In his first inaugural address he congratulated the 
American people on "possessing a chosen country with 
room enough for our descendants to the thousandth and 
thousandth generation." The country at that particular 
time consisted of the region east of the Mississippi and 
north of the present State of Florida, and of a strip ex- 
tending from Florida along the southerly ends of Ala- 
bama and Mississippi, together with part of the easterly 
projection of the present State of Louisiana, onward to 
the Mississippi River. Neither Jefferson nor anybody 
else in his day foresaw the steamboat, the railroad or 
the telegraph, except in the vaguest sort of a way, as 
respects the steamboat. 

The rush in 1881) which sent tens of thousands of 
people into Oklahoma in the course of an hour or two 
of one April afternoon, could not have been conceived in 
1801 or 1803 by anybody. Oklahoma did not even become 
a name until more than two generations afterward. The 
expectation that most of the territory west of the Missis- 
sippi would continue in a savage state for ages, and be 
the home of wild animals and wilder men Avas embodied 
in the statutes the year after that region was acquired. 
The fifteenth section of the act dividing up the Louisiana 
Province into the Territory of Orleans and the District 
of Louisiana passed by Congress in 1804, and signed by 
Jefferson on March 2(J of that year, provided that "the 
President of the United States is hereby authorized to 
stipulate with any Indian tribes owning lands on the 
east side of the Misissippi and residing thereon, for an 
exchange of lands, the property of the United States. 
on the west side of the Missisippi, in case the said tribes 
shall remove and settle thereon' 1 ; and the same section 
provided thai such Indians as would occupy those lands 
on the west side of the Misissippi should not sell any of 
them "to the subjects or citizens of any sovereign power, 
nor to the citizens of the United States." The population 
of the whole of the Louisiana region, exclusive of the In- 
dians, at th' time of tin 1 annexation in 1803, was esti- 
mated at about fifty thousand, three-fourths of these 
being whites and the rest negro slaves. To the north of 
the mouth of the Arkansas not more than seven thou- 
sand or eight thousand whites and negroes resided, 
these being scattered along the banks of the Mississippi 



THE INDIAN TERRITORY. 9 

and the Missouri Rivers. The population of St. Louis, 
whites and t lacks, was about one thousand. 

But the whites, few though they were, attacked this 
provision in regard to the Indians resolutely. In a re- 
monstrance, signed by the Deputies of St. Louis and "its 
dependencies" (Charles Gratiot, P. Provenchere, Augus- 
tus Chouteau, Richard Caulk, David Musick and Francis 
Cottard), of New Madrid, Cape Girardeau, Ste. Gene- 
vieve and of St. Charles and "its dependencies," and pre- 
sented to Congress on January 1, 1805, these representa- 
tives of the people of Upper Louisiana said: "Had the 
United States bound themselves to exterminate from the 
face of the earth every inhabitant of Louisiana, your 
petitioners do not conceive that they could have taken a 
more effectual step toward the fulfillment of the en- 
gagement than the measures contemplated by the fif- 
teenth seeticD of the law respecting the District of 
Louisiana. Put by the treaty with the French Republic 
the Ignited States have engaged to maintain and protect 
us in the free enjoyment of our liberty and property. 
Great God' a colony of Indians to maintain and protect 
us in our liberties and properties!" Then they told that 
they heard the garrison at New Madrid had, by orders 
of the commander in the West, been reduced to fifteen 
men, while assassinations of whites by the Indians — 
the Indians which the law proposed to increase by the 
removal of tribes from the east to the west side of the 
river — had taken place recently, and exclaimed: "What 
a time have your honorable houses chosen for the ex- 
change in contemplation! A plan wearing the most 
threatening aspect to our lives and properties — a plan, 
not only alarming in its immediate effects, but \ regnant 
with evils of a most dangerous nature in its remote con- 
sequences." 

The transfer of the Indians to the west side of the 
Missisippi, which the handful of whites in St. Louis, 
New Madrid. St. Charles and the other little settlements 
of Upper Louisiana feared, took place, but the growth in 
the whites oi the locality far exceeded the increase in 
the red men. The whites increased so rapidly that the 
seven thousand or eight thousand of 1803 became one 
hundred and forty thousand in Missouri in 1830, and 
thirty theustnd in Arkansas. Missouri became a State 
in 1821, and Arkansas was made a Territory in 1S19. But 
even when the census of 1830 showed such a big increase 



10 THE INDIAN TERRITORY. 

in the population of what bad been Upper Louisiana, no- 
body vet imagined that there would be a much further 
expansion of white settlement west of the Mississippi for 
generations to come. Accordingly, Congress passed an 
act which President Jackson signed on June 30, 1834, 
which recited that "all that part of the United States 
west of the Mississippi River and not within the States 
of Missouri and Louisiana or the Territory of Arkansas, 
shall be considered the Indian country." On the same 
day another act was signed which provided that a super- 
intendent of Indian affairs was to be appointed, and no 
one was to be permitted to trade or settle in the Indian 
country without his permission. Arkansas became a 
State in 183G, two years after the enactment of the law 
which gave up most of the country west of the Mississippi 
to the red men. At that time the western boundary of 
the United States was the Rocky Mountains, and the 
Arkansas, the Red and the Sabine Rivers. Texas was 
annexed in 1845; the United States' title to the ''Oregon 
country," comprising the present States of Oregon, 
Washington and Idaho, and parts of Wyoming and Mon- 
tana, was acknowledged by England in 184G; and in 
184f>-48 we gained New Mexico and California from 
Mexico, through conquest and purchase. All of the ter- 
ritory which the United States owned west of the Mis- 
sissippi in 1S34, except that comprised in the States of 
Louisiana and Missouri and the Territory of Arkansas, 
was set apart for the Indians. White men were shut out 
of more thaa three-fourths of the region west of the 
river, and were not allowed, except by permission of the 
Superintendent of Indian Affairs, or of one of his depu- 
ties, to settle or even trade in that vast domain. 

What has become of that great Indian empire? By 
the organization, first as Territories and then as States, 
of Iowa, Minnesota, Kansas, Nebraska, Colorado, South 
Dakota, North Dakota, Montana and Wyoming, the In- 
dian country has shrunk until all of it that is left out are 
Oklahoma and the Indian Territory. The rest of it has 
boon cut up into States in the lapse of time, and the 
days of these two fragments, as Territories are num- 
bered. Either as one or as two States, probably as one, 
ilicv are reasonably certain to enter the list of common- 
wealths before many more years pass. These two, with 
New Mexico and Arizona, which form part of the Mexi- 
can cession of 1848, are all that remain of the contigu- 



THE INDIAN TERRITORY. 11 

ous portion of the United States outside of the roll of 
States. 

The Indian Territory, which has a chance to be join- 
ed to Oklahoma in admission as a State, or be admitted 
as an individual State, has almost as many inhabitants, 
and, likewise, has made a big increase in population in 
the ten years. The population of the Indian Territory in 
1900 was three hundred and ninety-one thousand nine 
hundred and sixty, and the increase in the decade was 
one hundred and seventeen per cent. Combined, these 
two Territories had about seven hundred and ninety 
thousand inhabitants in 1000. No State of all the thirty- 
two admitted by act of Congress had at the date of its 
admisison anything like the number of inhabitants who 
were found in each of these two Territories last June. 
None of the original thirteen States except Virginia and 
Pennsylvania had, at the time the Government under the 
Constitution went into operation in 1789,- as many in- 
habitants as were in the Indian Territory last year. 
These two Territories in combination had more inhabi- 
tants a year ago than Virginia, the largest of the thir- 
teen original States, had at the time the first national 
census was taken, in 1790. The republic of Texas, almost 
ten years old at the time, had, when it was annexed to 
the United States, only about half as many inhabitants 
as were in the Indian Territory last vear. 



12 THE INDIAN TERRITORY. 



CLIMATE 

The Territory, lying as it does, midway between the 
extremes of the Atlantic and Pacific, and the Gulf of 
Mexico and the British Possessions, has a temperate 
climate that has neither the extreme cold of the North 
or the extreme heat of the South. While it is true that 
the sun shines warm during the day in the summer time, 
yet the heat is tempered by the Gulf breeze, which be- 
gins to be felt during the afternoon, and tempers the 
atmosphere till the nights are always cool and pleasant, 
and the "hot nights" of other localities are entirely un- 
known here. The winters are delightful, being free from 
severe cold, the thermometer rarely reaching zero. The 
prevailing winds are from the south in the summer, and 
the "hot winds" of the country further north that blast 
all vegetation are not known here. The rainfall is 
abundant and drouth is conspicuous by its absence. 
Even during the past summer, that of 1901, while the 
unusual and severe drouth was prevailing in the States 
North, East and West, the Territory was comparatively 
free from the dry condition existing in other States. 
It is true that we were affected by the unusual condition 
in some degree, but not to any such extent as was suf- 
fered by our neighbors. 



ELEVATION. 

The elevation of the country averages about six 
hundred and fifty feet above sea level, with altitudes 
running as high as one thousand five hundred feet w 
ihe mountainous districts. While these districts are 
called mountainous they are only hilly when com- 
parison is made with the Rocky Mountains. It 
is high enough to produce a dry, pleasant atmos- 
phere comparatively free from extreme humidity, 
and at the same time free from the conditions that pro- 
duce nervous diseases iii tin* high altitudes. 



THE INDIAN TERRITORY. 13 



PHYSICAL CONDITIONS. 



The Indian Territory, while once embracing great 
tracts of land west of the Mississippi River has been re- 
duced by the making of new States and Territories un- 
til the Territory proper now includes the lands of the 
Five Civilized Tribes of Indians, viz.: The Cherokee, 
Creek, Choctaw, Chickasaw and Seminole Nations, and 
the lands of the Quapaw agency in the northeast corner 
of the Territory. The area embraced in this agency is 
small and the people few. 

An idea seems to prevail with those not familiar 
with the matter, that the Osage nation is a part of the 
Indian Territory. This is not true — this nation being a 
part of Oklahoma. The area of the Territory is about 
thirty-two thousand square miles, and the total popula- 
tion, including Indians, freedmen and whites, according 
to the census of 1900, is three hundred and ninety-one 
thousand nine hundred and sixty. It is located between 
the thirty-fourth and thirty-seventh parallels of north 
latitude and the seventeenth and twenty-first degrees of 
west longitude from Washington. It is a beautiful 
country, embracing rolling prairie land, fertile bottom 
land, mountainous land and heavily-timbered land, 
while all the streams carry an abundance of timber for 
local purposes. 

It is bounded on the north by Kansas and Okla- 
homa, on the east by Missouri and Arkansas, on the 
south by Texas and on the west by Oklahoma. 

It is exceedingly well watered by the Grand, Illi- 
nois, Poteau, Kiamichi, Deep Fork, Verdigris. Little, 
Cimarron; Arkansas, Canadian, Washita and Red Riv- 
ers, besides innumerable water courses of less import- 
ance than those named. The Territory is one of the best 
watered sections in the United States, and its water 
supply is evenly divided between the five nations so that 
each one is equally well supplied. The water is of an ex- 
cellent quality and in sufficient quantity. All over the 
Territory are numerous ever-flowing springs that supply 
good water for stock and household purposes, and wells 
give abundant water at a short depth. The bottoms 



14 THE INDIAN TERRITORY. 

along the rivers are heavily timbered, and when put 
under cultivation no soil can be richer. The uplands are 
of every kind and character from mountains, covered 
with timber, to prairie, covered with grass. The prai- 
rie land in the northern half is especially adapted to 
raising wheat, having a strong limestone soil that is ex- 
tremely productive. 

In the eastern part of the Cherokee Nation, east of 
the Grand River, the Ozark Mountains continue across 
from Arkansas, rough in places, but stretching out into 
rolling timbered plateaus with a soil that affords abund- 
ant vegetation. The north and west portions of the 
Cherokee Nation consist of high rolling prairie with 
timber along the streams. The Creek Nation has about 
an equal amount of timber and prairie land, with the 
bottoms heavily timbered, while on the uplands open 
prairie and proves of timber alternate. Open prairie 
predominates in the eastern half and timber in the west- 
ern half. The general character of the surface of the 
nation is rolling. The Choctaw Nation is mountainous 
in the northeastern portion, but the mountains falUaway 
at the middle of the nation into rolling timber and 
prairie lands which extend throughout the western, 
northern and southern portions. The southwestern part 
is comparatively level. There is much valuable timber 
in the Choctaw Nation. The Chickasaw Nation is gen- 
erally rolling prairie and timbered lands, although the 
Arbuckle Mountains lie about in the center of it. These, 
however, are a low range of mountains. This nation 
has a large amount of fine tillable land — a deep sandy 
soil, especially adapted to c;otton, corn, fruit and vege- 
tables. 



THE INDIAN TERRITORY. 15 



PRODUCTS, 



There seems never to have been any statistical in- 
formation compiled concerning the agricultural prod- 
ucts, and the stock interests of the Territory, so we are 
unable to give data from which comparison can be made. 
The acreage of all crops is increasing every year, and 
the next few years will see a far greater increase than 
at any time in the past. As the lands pass into the 
hands of actual white owners the growth and develop- 
ment in this direction will be enormous. 

In agricultural and horticultural resources and 
products the Indian Territory is not excelled by any 
portion of the United States. 

The wheat belt of Oklahoma from which the highest 
yield and finest sample of wheat in the world is pro- 
duced, extends south to the Chickasaw and Choctaw 
Nations, and east through the Creek, Seminole and 
Cherokee Nations, and an average yield of twenty-five 
bushels per acre is annually harvested. Oats, barley, 
rye, alfalfa, millet and sugar cane produce abundant 
crops, and nowhere is the corn crop more certain or more 
productive. From the Red Eiver on the south to the 
Kansas State line cotton is produced and statistics show 
that next to Texas the Indian Territory furnishes the 
largest amount of any State in the Union. The staple 
is particularly good, as is evidenced by the high market 
price at all times paid for Territory cotton. From one- 
half bale on the uplands to one and one-half bales in the 
bottoms per acre is the yield, and the enormous acreage 
planted annually makes the cotton crop the most im- 
portant of all Territory products. All vegetables known 
to this continent grow abundantly and orchards and 
vineyards are an ever increasing source of revenue to 
the thrifty farmer. Apples, peaches, pears, plums, cher- 
ries, apricots, paw-paws, grapes, walnuts, pecans, hick- 
ory nuts, melons, canteloupes and pumpkins grow in. all 
portions of the Teritory. Strawberries are raised exten- 
sively, as are blackberries, and annually large shipments 
are made to the northern markets. In the output of po- 
tatoes, yams, navy beans and other truck-garden prod- 



16 THE INDIAN TERRITORY. 

nets, the Territory is rapidly becoming an important 
factor. 

The great diversity of crops is of especial advantage 
and obviates the necessity for depending upon one or 
two articles for a product, and the average price real- 
ized is much better than in the neighboring States. 

Prairie grass grows in a great abundance and makes 
an excellent quality of hay. Alfalfa, while not hereto- 
fore grown extensively, has been experimented with, un- 
til it has been thoroughly demonstrated that it is ad- 
apted to the country, and its acreage is increasing rap- 
idlv. 



THE INDIAN TERRITORY. 17 



STOCK RAISING, 



We quote the' following from the Muskogee Phoe- 
nix, because it clearly gives the information on this sub- 
ject in concise form: 

"The Territory is exceedingly well adapted for rais- 
ing stock of all kinds. The long summers and mild short 
winters, luxuriant grass on the prairiesand glades and the 
abundant mast of the forests are all favorable to this in- 
dustry. Cattle, sheep and hogs grow thriftily and mul- 
tiply rapidly. Heretofore cattle raising has been more 
profitable than agriculture. Owing to former legal pro- 
hibitions against anyone but Indians occupying or using 
lands, straight farming has been a very unsatisfactory 
and uncertain occupation. But the uncertainty as to 
land titles did not keep the grass from growing, and the 
country became maturing ground for cattle bred further 
south. Every spring great herds of cattle are shipped or 
rhven in from Texas, and after fattening during the 
summer are shipped to northern markets in the fall. 
They come in thin in flesh and weak, but go out fat and 
strong. This system of cattle pasturing has grown up 
because there were large areas of unoccupied land which 
were enclosed with wire fence and rented out annually 
for pasturing cattle. The allotment of land will even- 
tually change this system of cattle grazing, though per- 
haps, not immediately. The cattlemen are striving to 
continue these large pastures by renting allotments 
from citizens. This plan is meeting with considerable 
success and will no doubt prove advantageous to the 
allottee and the cattle raiser, the one receiving a rea- 
sonable rental for his unbroken land and the other util- 
izing the natural grass which grows upon it. Of course 
this policy will gradually adjust itself to the needs and 
wants of the "man with the hoe, ,? who will come, as he 
always has come, and occupy all the land fit for cultiva- 
tion, leaving only the untillable land for pasture pur- 
poses. When that time conies there will be fewer large 
herds of cattle in the Territory, but there will be a far 
greater number of cattle in the aggregate. There will be 
numerous small herds and every farmer will own a few 



18 THE INDIAN TERRITORY. 

head. More cattle will be raised here and better breeds, 
and the Territory will no longer be a pasturing ground 
for Texas cattle in transit to market." 

The horses of the Territory are generally of small 
stature, but of exceedingly strong and hardy constitu- 
tion. Of course there are lots of good horses in the Ter- 
ritory, and the number is increasing every day, but there 
is an opportunity for breeding and raising a better grade 
of horses that is bound to become profitable as the coun- 
try develops. This is naturally an industry that keeps 
pace with the growth and development of a country and 
becomes a source of large profit. 



THE INDIAN TERRITORY. 19 



FISH AND GAME 



All of the streams are abundantly supplied with 
fish, and some attention has been given towards stock- 
ing the water courses with food fish, as has been done 
so extensively in most all the States. The chief varie- 
ties native to the streams are bass, perch, trout and cat- 
fish, the latter growing to great size in the larger rivers. 

Like all countries, as civilization comes in game 
goes out. Of course the buffalo, once so numerous, dis- 
appeared years ago, and were followed by the antelope. 
A few black bear and a few deer are found in the isolated 
sections, but they are fast disappearing. Wild turkeys, 
quail, squirrels and rabbits are plentiful, and there a ,s e 
some prairie chickens left. 



20 THE INDIAN TERRITORY. 



TIMBER AND COAL 

The appraisement of the timber lands has just been 
completed, and while no valuation has been put upon 
them as yet, it is shown that there are something over 
one million acres of commercial timber in the Territory, 
most of it being" in the mountain districts of the Choctaw 
Nation. This will be a source of great wealth in the 
future. 

The varieties of timber in the Territory are pine, 
oak, hickory, elm, maple, ash, walnut, hackberry and 
pecan. The pecan trees yield a large crop of nuts that 
are gathered annually. There are no statistics as to the 
quantity of coal land, and no one knows as yet the ex- 
tent of the coal fields. It is known, however, that they 
underlie from twelve hundred to fifteen hundred square 
miles of territory, but no one knows how much more. 
They lie in the Choctaw, Chickasaw and Creek Nations 
principally, and it will undoubtedly develop that large 
beds of coal exist in the other nations. The veins that 
are being worked run from four to five feet in thickness. 
They are bituminous and of an excellent quality, It is 
said to be the best gas and coke coal west of Pittsburg. 
There is a sufficient quantity to supply any possible de 
mand the future may make. 

Coal and asphalt in the Choctaw and Chickasaw 
Nations are reserved to the tribes and owned by them 
as a nation. They are not to be allotted in severalty as 
are the agricultural lands. The coal lands are being- 
worked under leases, the consideration being a royalty 
en the coal mined which is paid to the United States 
Government for the benefit of the Indians. 

[Jnder the Creek and Seminole treaties all coal and 
mineral lands are allotted the same as agricultural 
hinds and the allottee gets the benefit of whatever he 
may find under the ground. It follows then that coal, oil 
and mineral lands can be purchased from the "citizen" 
on the same terms that apply to other lands. 



THE INDIAN TERRITORY. 21 



OIL AND MINERALS. 

What the future of the Territory will develop in the 
way of oil fields is at this time a secret religiously kept 
from the public. The judgment of the writer is that the 
oil belt of Texas extends entirely across the Territory 
and will in time enrich this country as it has already en- 
riched Texas. In our work we found numerous indica 
tions of oil, and in a number of places oil wells have 
been put down and the result always shows that oil ex 
ists in paying quantities. But the moment it is demon 
strated that oil is there the well is plugged and it is 
given out that while they had some oil it did not pay. 
This is done because title to the property could not be 
obtained from the Indians, and the matter is held in 
abeyance until title can be secured when oil will come 
to the front with a rush. It will only be a short lime 
now until the Indian can make a deed and the oil lands 
will be opened up by capital that is only awaiting the 
opportunity. 

Lead, iron and zinc are known to exist in the Chero- 
kee. Choctaw and Creek Nations and some gold and silver 
has been found, but to what extent they do exist is an 
unknown problem. There is no question but that lead 
and zinc will be found in large quantities, but it is not 
likely that gold or silver will be discovered in any thing- 
like such quantities as would be profitable. Asphaltum 
exists in the Chickasaw and Choctaw Nations, and is 
now being mined to a large extent on a similar pln.n to 
that on which coal is mined. There is plenty of granite, 
limestone and building stone in the Territory and along 
Sallisaw Creew and Illinois River in the Cherokee Nation 
are great beds of an excellent quality of marble that is 
susceptible of an extremely high polish. 

MAR 

The map that we use with this publication is an 
official Government map, corrected fully to this date. 
Our readers will find that frequent reference to it will aid 
them materially in locating places and points to which 
reference is made. We have taken great pains to have 
this made perfectly correct. 



THE INDIAN TERRITORY. 



UNITED STATES OFFICERS IN THE INDIAN 
TERRITORY. 

UNITED STATES COURTS. 

NORTHERN DISTRICT. 
Cherokee, Creek and Seminole Nations and the Quapaw Agency. 

Judges — Joseph A. Gill, Vinita; Charles W. Raymond, Muskogee. 

Clerk District Court — Charles A. Davidson, Muskogee. 

.Deputy Clerks District Court — Robert C. Hunter, Wagoner; 

Herbert C. Smith, Tahlequah. 
Clerk Court of- Appeals — W. P. Freeman, South McAlester. 
United States Attorney — Pliny L. Soper, Vinita. 
Assistant United States Attorneys — James H. Huckleberry, Jr., 

Muskogee; Orion L. Rider, Vinita. 
United States Marshal — Leo E. Bennett, Muskogee. 
United States Commissioners — Hanson L. Marshal, Eufaulia; 

Harry Jennings, Claremore; W. H. Brown, Sallisaw; M. C. 

Reville, Tahlequah; H. E. Don Carlos, Vinita; Henry M. 

Tate, Wewoka; Thomas Sanson, Jr., Muskogee. 

CENTRAL DISTRICT. 
Choctaw Nation. 

Judges— Wm. H. H. Clayton, 'South McAlester; Charles W. Ray- 
mond. Muskogee. 

Clerk District Court — E. J. Fannin, South McAlester. 

Deputy Clerks District Court— D. J. Folsom, Atoka; T. B. Lath- 
am, Antlers; T. T. Varner, Cameron; I. M. Dodge, South 
McAlester. 

Clerk Court of Appeals — W. P. Freeman, South McAlester. 

United States Attorney — John H. Wilkins, South McAlester. 

Assistant United States Attorney — D. M. Brown, Antlers. 

United States Marshal — Benj. F. Hackett, South McAlester. 

United States Commissioners — Allen Wright, South McAlester; 
Philos S. Jones, Whitefield; G. T. Rolls, Atoka; J. R. Pol- 
len, Poteau; G. A. Spaulding, Goodwater. 

SOUTHERN DISTRICT. 
Chickasaw Nation. 

Judges — Hosea Townsend, Ardmore; Chas. W. Raymond, Musko- 
gee. 

Clerk District Court — C. M. Campbdl, Ardmore. 

Deputy Clerks District Court — N. H. McCoy, Ardmore; J. F. 
Fleming, Paul's Valley; T. G. Green, Purcell; J. W. Speake, 
Chickasba; S. H. Wooten, Ryan. 

Clerk Court of Appeals — W. P. Freeman, South McAlester. 

I nited States Attorney — Wm. B. Johnson, Ardmore. 

Assistant United States Attorney — James E. Humphrey, Ard- 
more 

United states Marshal — John S. Hammer, Ardmore. 

United States Commissioners — S. B. Bradford, Ardmore; Will- 
iam Pfeiffer, Paul's Valley; E. M. Payne, Chickasha; Corne- 
lius Hardy, Tishomingo; Alexander Gullett, Duncan. 



THE INDIAN TERRITORY. 23 

INTERIOR DEPARTMENT. 

COMMISSION TO THE FIVE CIVILIZED TRIBES. 

Henry L. Dawes, of Massachusetts; Tarns Bixby, of Minnesota; 
Thomas B. Needles, of Illinois; Clifton R. Breckinridge, 
of Arkansas. Tarns Bixby, Acting Chairman; Allison L. 
Aylesworth, Secretary. Office at Muskogee. 

Indian Inspector — J. George Wright. | 

Indian Agent— J. B. Shoenfelt. 

Revenue Inspector — Guy P. Cobb. ! Offices at 

Superintendent of Schools — ' Benedict, f Muskogee. 

Special Agent — Frank C. Churchill. 

Supervising Engineer— H. V. Hinckley. 

EXECUTIVE OFFICERS OF THE NATIONS. 

CHEROKEE NATION. Capital— Tahlequah. 

Principal Chief — Thomas M. Buffiington. 
Second Chief — Washington Swimmer. 
Treasurer — Joseph M. Lahay. 
Executive Secretary — J. T. Parks. 

CREEK NATION. Capital— Okmulgee. 

Principal Chief — P. Porter, Muskogee. 
Second Chief — Maty Tiger, Okmulgee. 
Private Secretary — W. A. Porter, Muskogee. 
Auditor — H. C. Fisher, Checotah. 
Treasurer — G. A. Alexander, Holdenville. 

SEMINOLE NATION. Capital— We woka. 

Governor — John F. Brown, Wewoka. 
Treasurer — A. J. Brown, Wewoka. 

CHOCTAW NATION. Capital— Tuskahoma. 

Principal Chief— G. W. Dukes, Talihina. 

National Secretary — Solomon J. Homer, Caddo. 

National Secretary — George W. Scott, Sans Bois. 

National Auditor — Simon H. Woods, Lennox. 

National Attorney — Alinton Telle, Atoka. 

Superintendent of Public Instruction — J. W. Everidge, Grant. 

CHICKASAW NATION. Capital— Tishomingo. 

, Governor — Douglas H. Johnson, Emet. 
National Secretary — J. L. Thompson, Bee. 
treasurer — W. T. Ward, Tishomingo. 
Auditor — R. McLish, Ardmore. 
Attorney General — John Davis, Davis. 
Superintendent Public Instruction — P. S. Moseley, Wapanucka. 



24 THE INDIAN TERRITORY. 



LOCAL INDIAN GOVERNMENTS, 



Each nation has its own local or tribal government, 
consisting of executive and legislative branches, which 
make and execute local laws governing themselves, only 
becoming effective on the approval of the President of the 
United States. Congress passes and the United States 
Courts execute all laws pertaining to general matters, 
and the Department of the Interior formulates rules and 
regulations under the authority of treaties with each 
nation. General laws applicable to one and all cannot 
be had until a regular territorial form of government is 
created, which it is to be hoped will be in the near fu- 
ture. The incorporated towns, however, have the auth 
ority to govern themselves in the same manner as they 
can do in the regularly constituted States. This gives 
opportunity for schools and public improvements, and 
provides for all their necessities. 

United States jails are located at Muskogee, South 
McAlester and Ardmore. 

The Territory is divided into three judicial districts, 
viz.: The Northern, Central and 'Southern. The seat of 
the Northern District is at Muskogee, that of the Cen- 
tral District at South McAlester, and that of the South- 
ern District at Ardmore. Tli- se places are made record- 
ing points where deeds, mortgages, etc., are recorded by 
the United States Clerk. Terms of court are held at 
various places. The Curtis act of June 28, 1898, abol- 
ished all tribal courts in the Cherokee and Creek Xa 
t ions, but did not deprive tin- councils of the right t> 
enact laws subject to the approval of the President. The 
judicial system of the Choctaw Nation is vested in one 
Supreme Court, Circuit and County Courts, and that of 
the Chiekasaw Nation is practically the same. 

The government of all the five tribes are modeled 
after those of the Stales of the Union. They are sup- 
ported by the interest on the trust funds held by the 
United States Con eminent. 



THE INDIAN TERRITORY. 



25 



SCHOOLS AND CHURCHES, 

There is no regularly constituted system of public 
schools in the Territory , and itjs so only from the force of 
circumstances, but the school facilities are excellent 
and are increasing every year. There is an excellent 
system in force for Indian children, and efficient and 
competent teachers are employed. In accordance with 
the rules and regulations of the Secretary of the Inte- 
rior there is appointed a Superintendent of Schools for 
the Indian Teritory, also Supervisors of Schools for each 
nation, in whom full power and authority is invested, 
under such rules and regulations as may be prescribed 
by the Secretary of the Interior. The white children are 
provided with schools by what are called neighborhood 
schools, these being established by private donation and 
subscription. Of course the incorporated towns are pro- 
vided with as good schools as can be found anywhere, 
and it is only a question of time when the country will 
be placed in the same condition. 

The last report of the United States Indian Inspec- 
tor gives the following estimate as the number of school 
children between the ages of six and eighteen years in 
the Indian Territory. 



Nations 


Indians 


Negroes 


Whites 


Total 


Cherokee 


8:340 
1.850 
4.000 
1.500 
400 


950 
1.300 
1,000 
1.000 

400 


10,000 

3.500 

16.000 

25,000 

100 


19.290 




6 (550 


Choctaw 


21.000 
27 500 




900 






Total School Population. . . 


16.090 


4,650 


54.600 


75.340 



Again we lack statistical information in the matter 
of churches and can give no data as to the various de- 
nominations. Every denomination is represented and 
churches are found everywhere. The people of the In- 
dian Territory rank with those of other States in relig- 
ious matters, and the same facilities for church attend- 
ance can be found here that can be had in the States 
and Territories of the West. 



26 THE INDIAN TERRITORY 



RAILROADS, 

The Territory is well supplied with railroads and 
more are being built and expended. 

The Missouri, Kansas and Texas Railway was the 
pioneer railroad into the Territory. It enters just south 
of Chetopa, Kan., and runs in a southerly direction clear 
across the Territory, crossing the Cherokee, Creek and 
Choctaw Nations, making its exit at the Ked River just 
north of Denison, Tex., continuing its way through 
Texas down to the Gulf of Mexico. 

The St. Louis and San Francisco Railroad traverses 
the Cherokee Nation from the northeast to the south- 
west corners and into the Creek Nation to Sapulpa, 
where it branches, ohe branch going south through the 
Creek, Seminole and Chickasaw Nations to Denison, 
Tex., the other branch going southwest into Oklahoma. 
It also has a line entering the Choctaw Nation at Jenson 
and passing down through this nation to Paris, Tex. 

The Atchison, Topeka and Santa Fe enters south of 
Caney,Kan., running along the western side of the Chero- 
kee Nation to Owasso, with a proposed extension on 
south through the Territory. 

The St. Louis, Iron Mountain and Southern Railway 
i a part of the Missouri Pacific system) comes in beiow 
( 'oti'eyville, Kan., passes southerly through the Cherokee 
Nation and the Creek Nation, and goes east into Arkan- 
sas 

The Kansas City, Pittsburg and Gulf Railroad en- 
ters the east side of the Chercfkee Nation, pasfein^ 
southerly through it and into the Choctaw Nation and 
passes into Arkansas. 

The Choctaw, Oklahoma and Gulf Railroad enters 
the Choctaw Nation from Arkansas, running westerly 
across 1liis and the Seminole Nation into Oklahoma. 

The Gulf. Colorado and Santa Fe (a part of the 
S;in!;i Fe system) crosses the Chickasaw Nation north 
and south through the center of it. 

The Chicago, Rock Island and Pacific Railway mns 
along the western boundary of the Chickasaw Nation, 
passing entirely through it. 



THE INDIAN TERRITORY 27 

The Arkansas and Choctaw Railroad enters the 
Choctaw Nation at the southeast coiner of the Territory 
and passes entirely through the southern portion of the 
Choctaw and Chickasaw Nations into Oklahoma. 

Among the proposed new roads is the Choctaw, Ok- 
lahoma and Gulf branch from Hartshorne on their main 
line on through the Choctaw Nation and crossing the 
Chickasaw Nation into Oklahoma. 

The Atchison, Topeka and Santa Fe will be extended 
from its present terminus in the Cherokee Nation in a 
southerly direction on through the Territory. 

The Fort Smith and Western Railway will enter 
the Choctaw Nation from Fort Smith, Ark., passing 
through that and the Creek Nation into Oklahoma 

The Muskogee and Western Railroad is building 
from Fort Gibson through to Oklahoma. 



28 



THE INDIAN TERRITORY. 



THE PEOPLE OF THE TERRITORY, 



The five nations of the Indian Territory are the 
Choctaw, Chickasaw, Creek, Cherokee and Seminole 
The approximate area of lands controlled by these five 
tribes is 19,776,140 acres with an estimated aggregate 
population of 88,750 Indians, including freedmen, as 
shown by the last annual report of the Commission to 
the Five Civilized Tribes as follows: 



Tribe 


Population 


Totals 


Acres of 
land 


Acres 
per capita 


Cherokee: 

Indians 


30.000 


35.000 
16,00Q 
20.250 
10,500 

3,000 


5.031.351 
3 040.000 
0.088.000 ' 
4,650.935 
365,854 




Freedmen 

Delawares 


4.000 

1,000 


129 








Creek : 

Indians '. . . 

Freedmen. ....... 


10.000 

(i.000 


190 


Choctaw: 

Indians 


10,000 






4.250 


330 








Chickasaw: 


000 






4 500 


443 






Seminole: 

Indians 


1.500 




Freedmen 


1,500 


122 



Total population and acre> 
of land. 



SI. 750 19.776,140 



In this estimate under the head of Indians are in- 
cluded all full bloods, mixed bloods and intermarried 
whites, including those who possess but a small degree 
of Indian blood. 

The Indian population may be divided into four 
classes, almost equal in number, viz.: Full bloods, half- 
breeds, freedmen and intermarried whites. 

in the work of making farms and cultivating land 
the "white" Indians, half-breeds and negroes have been 
most active, while the full-bloods, as a pule, have been 
nowded back into the hills, where the restraints of civil- 
ization bear lightly upon them. Everybody would be an 
"Indian" in the Territory to-day, and many white people 
arc •citizens" from a trace of Indian blood, in whom no 



THE INDIAN TERRITORY. 29 

one would suspect that it existed. In fact it is so little 
that it does not "count" except for the purposes of citi- 
enzship, and by that means acquiring allotment-rights. 
Some of the brightest and shrewdest business and pro- 
fessional men in the Territory are ''Indians" in this 
sense, but in no other sense. 

The total population of the Indian Territory, as 
given by the census of 1900, is as follows: 



NATIONS 


POPULA- 
TION. 


Cherokee 


101,754 


Chickasaw 


139,260 


Choctaw 


99,681 
40,674 

3,786 
6,805 


Creek 


Seminole 


Quapaw Ag'ency 




Total 


391.960 



Deducting from the total population 391,960 in the 
Territory, the people in the Quapaw agency, 6,805, and 
the number of Indians in the Territory, 84,750, a total 
of 91,555, leaves 300,405 white people in the Indian Ter- 
ritory. They comprise the people in business and living 
in the towns, renting farms in the country, the labor ele- 
ment and those pursuing the usual vocations of life. 
Think of it, only three hundred thousand people occupy- 
ing twenty million acres of land and see the opportunity 
of homeseekers, investors and labor of every kind as 
these lands are opened up by purchase from the In- 
dians, as will be done as soon as title can be secured, 
which will be in a short time. 






30 



THE INDIAN TERRITORY. 



TOWNS. 

The Territory has no cities, but has a large number 
of healthy, growing, thrifty towns, which will make the 
cities of the future, and that future is close at hand. 
There is no such opportunity anywhere in the United 
States for honest and legitimate growth and develop- 
ment of both towns and country as there is in the In- 
dian Territory. Other sections may have booms, and 
wild and crazy conditions. None such exist here, and 
they are not wanted. We want rapid, honest, substan- 
tial development and nothing can prevent its ^coming. 

We give the population of some of the principal 
towns as given by the census report of 1900 : 



TOWN 


NATION 


POPULA- 
TION 




Chickasaw 


5,681 
4,254 




Creek 

Choctaw 


South McAlester 


3,479 






3,209 






3,000 
2.969 




Choctaw. 


Coalg-ate 


Choctaw 


2,614 




2,372 


Hartshorne 


Choctaw 


2,352 
2,339 




Choctaw 


2,300 




Chickasaw 

Chickasaw 


2,020 




1,907 
1,527 
1,500 




Ottawa (Quapaw Agency). . . 

Chickasaw 

Choctaw 


Roff r 




1,500 

1,4 82 




Cherokee 






1,467 
1.390 








Chickasaw 

Chickasaw 


1,346 




1 1,198 
1 . 1 64 










1 . 1 50 


Marlow 


Chickasaw 

Choctaw 


1,016 
1,000 






1,000 

1,000 








Cherokee . 

Choctaw • 

Creek 


965 




930 


Sapulpa 

< laremore 


891 


Cherokee 


855 

842 







THE INDIAN TERRITORY. 



31 



TOWN 


NATION 


POPULA- 
TION 






805 


Alderson 




800 


Stilwell. , 




779 


Euf aula 




757 


Holdenville 




749 


Talihina 


Choctaw 


748 




701 




Cherokee 


698 


Mc Alester 


646 


Bristow 


Creek 


626 


Howe 


626 


Fort Gibson 




617 


Af ton 




606 






575 


Chelsea 




566 




Chickasaw 


547 


Spiro 


543 


Canadian 


Choc :aw 


522 


Rush Spring's . . . 


518 


Buck 


Choctaw 


510 




Chickasaw 

Cherokee 


500 


Fairland 


499 


Nowata 


498 






495 


Muldrow 




465 


Dougherty 

Minco 


Chickasaw 


437 




400 


Thomasville 




400 









32 THE INDIAN TERRITORY. 

THE COMMISSION TO THE FIVE CIVILIZED 

TRIBES, 

By the act of Congress of March 3, 1893, the Com- 
mission to the Five Civilized Tribes came into existence. 
It is at this time composed of Hon. Henry L. Dawes, of 
Massachusetts, Chairman; Hon. Tarns Bixby, of Minne- 
sota, Acting Chairman, and Hon. Thomas B. Needles, 
of Illinois, and Hon. Clifton R. Breckinridge, of Arkan- 
sas, Commissioners, with Allison L. Aylesworth, of Min- 
nesota, as Secretary. The offices of the Commission are 
located at Muskogee, with local offices at such other 
points as seem necessary for the expedition of the work 
under their charge. A large clerical force is employed 
to compile and record the mass of detail information 
that must be procured in order to attain the object for 
Avhich the Commission was created. 

We quote the following from the Seventh Annual 
Report (the last one) of the Commission : 

"The Commission to the Five Civilized Tribes was 
created by act of Congress March 3, 1893, with instruc- 
tions to enter into negotiations with the several nations 
of Indians in Indian Territory for the allotment of land 
in severalty or to procure the cession to the United 
States of lands belonging to the Five Tribes at such 
price and terms as might be agreed upon, it being the 
expressed determination of Congress to bring about such 
changes as would enable the ultimate creation of a terri- 
tory of the United States, with a view to the admission 
of the same as a State of the Union. * * * 

"Had it been possible to secure from the Five Tribes 
a cession to the United States of the entire Territory at 
a given price, the tribes to receive its equivalent in 
value, preferably a stipulated amount of the land thus 
ceded, equalizing values with cash, the duties of the 
Commission would have been immeasurably simplified, 
and the Government would have been saved incalculable 
expense. One has but to contemplate the mineral re- 
sources, developed and undeveloped, and existing legis- 
lation with reference thereto, to realize the advantages 
which awaited such a course. When an understanding is 
had. however, of the great difficulties which have been 
experienced in inducing the tribes to accept allotment in 



THE INDIAN TERRITORY. 33 

severalty — a direct division of their estate with conse- 
quent individual ownership of their homes — it will be 
seen how impossible it would have been to have adopted 
a more radical scheme of tribal extinguishment, no mat- 
ter how simple its evolutions. Nevertheless, the plan 
adopted by the Commission for the administration of 
this vast estate is not without its advantages : and when 
its labors, and those of the various officers who have 
been detailed or appointed to aid in closing the history 
of these nations shall have been completed, there will 
have been dissipated one of the most vexatious internal 
questions with which Congress in recent years has had 
to deal. 

"Instead of an arid western plain occupied by the 
savage of tradition, as many suppose, the Commission 
found a territory not greatly smaller than the State of 
Maine, rich in mineral and agricultural resources and 
in valuable timber: a country which has been occupied 
and cultivated for over half a century, whose fertile 
valleys yielded bountiful harvests of southern products, 
and on whose prairies grazed a quarter of a million 
rattle yearly; where cities had sprung up; through 
which railroads had been constructed; and where five 
distinct modern governments existed, independent of 
the sovereignty of the United States.'* 

In the commencement of the work the Commission 
encountered many difficulties that had to be overcome 
as they appeared, and the visible advancement of the 
work was necessarily slow. Tremendous obstacles had 
to be removed. The Indians themselves were antago- 
nistic and could not see anything to be gained for them- 
selves: did not understand and did not believe that Con- 
gress was. acting for their best good: did not think any 
advantage could accr.ue to them individually: individuals 
of power and influence among them opposed the efforts 
of the Commission because when the object was attained 
they would individually be losers, and other difficulties 
too numerous to mention had to be wiped away. But all 
this is changed through the efforts of the Commission. 
and the work of enrollment, appraisement and allot- 
ment and the final issuing of deeds to the indivudual citi- 
zen is nearing completion. While there is an immense 
amount of detail work yet for the Commission to do, 
yet the principal objects are practically accomplished. 
The appraisement of every acre of land in the Indian 

(3) 



34 



THE INDIAN TERRITORY 



Territory, in forty-acre tracts, is completed. This 
was one of the great undertakings before the Commis- 
sion. To accomplish it required the services of 230 men, 
divided into camps of ten men each. These appraisers 
actually visited every forty acres in the Territory and 
placed each forty acres in its proper grade. 

On April 23, 1897, a treaty was concluded with the 
Choctaw and Chickasaw Nations, that is now known as 
the Atoka agreement (this agreement is published in 
full elsewhere), by which these nations agreed to accept 
their lands in severalty. 

On December 16, 1897, a treaty was concluded with 
the Seminoles to the same purpose. 

On March 8, 1900, the Creek Nation entered into 
treaty with the Government under which they agreed 
to a division of their lands. 

All these treaties have been ratified by Congress 
and the Indians and are now in full force and ef- 
fect. Several attempts have been made to arrange 
a treaty with the Cherokees and treaties have been 
made, but so far have failed to be ratified by the 
Cherokee Indians, when they have come before them for 
that purpose. This nation though is under the provisions 
of the act of Congress of June 28, 1898, known as the 
Curtis act (published elsewhere), and allotment will pro- 
ceed under that act, if an early agreement is not con- 
cluded with the Cherokees. 

About ninety per cent of the citizens in the Creek 
Nation have received their final allotments and deeds 
will shortly be issued to them. 

The allotment of the Seminole Nation is practically 
completed and allotment will commence in the Chicka- 
saw and Choctaw Nations at an early date, as the en- 
rollment is going on very rapidly. 

The appraisement of lands in the Seminole Nation, 
in conformity with the requirements of the agreement 
with that nation, has been completed with the following 
result. The total area of land appraised was 365,854.^9 
acres, as tabulated below: 



Class 


Arbitr'ry value 
per acre, fixed 
by agreement 


Number of 
Acres 


Total 
Value 


1 


$5.00 
2. 50 
1.25 


24,055.89 

248,837.48 

92,961.02 


$120,279.35 
022,093.68 
116,201.25 




•, 




Total 




365,854.39 


$858,574.38 



THE INDIAN TERRITORY. 35 

The valuation thus shown does not represent the 
actual value of the lands, the Commission not being- 
authorized to appraise these lands at their true value. 
but merely to designate which were best, which second 
best, and which third best, and when so classified the 
Aaluations shown attach by virtue of the agreement of 
December 16, 1897. 

The Seminole is the only nation on whose lands an 
arbitrary value is placed. The values will be placed on the 
lands of all other nations by the Commission to the Five 
Civilized Tribes. 



36 THE INDIAN TERRITORY 



TOWN SITES, 

The Curtis act, June 28', 1898, provides for the es- 
tablishing of town sites. Townsite Commissions have 
been appointed who are authorized to lay out and sur- 
vey townsites with the necessary streets, alleys and 
public grounds, including parks and cemeteries, giving 
to each town such territory as may be required for its 
present needs and reasonable prospective growth; they 
are authorized to prepare correct plats. All town lots 
are appraised by the town site commissions at their 
true value, excluding improvements, with a separate 
appraisement made on the improvements. The owners 
of the improvements on each lot have the right to buy 
one residence and one business lot at fifty per cent of 
the appraised value of such lot, and the remainder of 
such improved lots at sixty -two and one-half per cent 
of their appraised value, and he must within ten days 
from his purchase pay into the Treasury of the United 
States one-fourth of the purchase price, and the remain- 
der in three annual installments therafter, when patent 
will be issued. All town lots not improved are appraised 
by the rommission, and after due notice are sold from 
time to time to the highest bidder at public auction, but 
for not less than their appraised value. Payments for un- 
improved lots are made in Hie same manner as for im- 
proved lots. A patent is issued without expense to the 
purchaser conveying to him the title to such town lots. 

The terms of payment vary some in the different na- 
tions, but not materially. The exact terms for each na- 
tion are given in the article showing the application of 
(he provisions of the treaties and laws to each nation. 



THE INDIAN TERRITORY. 37 



LANDS AND TITLES AND GENERAL 
CONDITIONS. 

It is almost impossible to give an intelligent idea of 
the value of farm lands in the Indian Territory, because 
as yet no titles have been transferred from the Indian to 
the purchaser. The whites who have been farming have 
leased the land from the "citizen" and operated under 
these leases. This can be done in the future just the 
same, until title can be secured, which will be as soon 
as patents are issued to the Indians, and this will be 
done in the Creek Nation probably about December 1, 
of this year. Under the law the Indian must retain a 
portion of his allotment for twenty-one years as a home- 
stead, varying in different nations (See "Application of 
Treaties and Laws to Each Nation-'), and cannot dispose 
of it until the expiration of this time. He is privileged to 
sell all the rest of his allotment without restriction at 
the end of five years, and can sell any or all, except his 
homestead, at any time after patent is issued, with the 
approval of the Secretary of the Interior. It is certain 
that farm lands are going to be sold cheap, and it is also 
certain that this is the last opportunity to acquire cheap 
homes, because the lands that come under the homestead 
and pre-emption laws are practically exhausted in the 
United States. It is the only new country to which a 
man can go to build a home for himself and his family, 
and at the same time it is not pioneering in an unsettled 
country where one must deprive himself of the comforts, 
conveniences and necessities of civilized life. It is a 
land of beauty, a land of plenty, a settled and civilized 
land, a land with the necessary railroad facilities to 
transport crops and produce to market, and a land so 
near the Gulf of Mexico that the cheap rates of water 
transportation to every part of the world give decided 
advantage in marketing the productions of the country. 
It is a land of diversified crops, producing those of both 
the Xorth and South. Its mineral resources are large 
and varied; its timber will be a source of great wealth. 
Its Indians are rich not only in land but in money. The 
development of the Indian Territory in the coming ten 



38 



THE INDIAN TERRITORY 



years will exceed that of any other State or Territory in 
the Union, and those who come to it in the near future 
will reap the benefits to accrue under such favorable 
conditions. 

To give an idea of the money wealth of the Five 
Civilized Tribes we refer to the following table. The 
trust funds owned by the several tribes, in the United 
States Treasury, are the proceeds of tribal lands here- 
tofore sold to the Government. Annual interst is paid 
upon these funds by the Government as follows: 



Tribes 


Amount of 
Principal 


Amount of 
Interest 


Cherokee 


$2*625,842. 37 

1,308,695.65 

549,594.74 

2,000,000.00 

1,500.000.00 

$7,984,132.76 


$137,469.33 




68,404.95 

32,344.73 

100,000.00 

75,000.00 


Choctaw 


Seminole 


Total 


$413 219 01 







For the purpose of giving more detailed information 
as to the provisions of law concerning the Five Civilized 
Tribes we publish in full the Creek Treaty, the Seminole 
Agreement and the Curtis act, the Atoka Agreement 
beins embodied in the latter. 



THE INDIAN TERRITORY. 



NOTES AND ITEMS. 



Farms can be rented of the "citizen" for either a 
cash rent or for an agreed portion of the crop, on prac- 
tically the same basis and on the same terms as can be 
done in other States. 

Improvements on town lots can be purchased from 
the owner of the improvements, and the purchaser of 
the improvements acquires the right to purchase the lot. 
In other words, purchase of improvements gives the 
right to acquire title to the lot. 

Any one can improve an unoccupied lot in a town 
and so acquire the right to purchase the lot. 

The strawberry business in the Arkansas Valley is 
growing to be one of the greatest importance. The sandy 
soil of this valley is especially adapted to the growing of 
strawberries, and the early time at which they ripen 
makes them command large prices in the Northern mar- 
kets. It is a profitable business. 

There are mineral springs all over the Territory and 
especially at Sulphur, in the Chickasaw Nation and at 
Alikchi, in the Choctaw Nation. They possess excel- 
lent medicinal properties and are coming into repute 
very fast. 

The lumber yards of the Territory are finding trou- 
ble in keeping up their stocks of lumber, the demand for 
it being so great, indicating a rapid progress in the de- 
velopment of the country. 

The retail business of the general merchandise 
stores in every nation is increasing rapidly, so much so 
that the capital is being increased and stocks provided 
to supply the demands. 

Great interest is being manifested all over the Terri- 
tory in the Louisiana Purchase Exposition to be held in 
St. Louis in 1903, and steps are being taken to perfect 
an organization for the purpose of making an exhibit 
there that will show the resources and progress of this 



40 THE INDIAN TERRITORY. 

country. A most creditable exhibit can be made — one 
that will attract the attention of everybody. 

The total amount of money received, deposited and 
disbursed by the United States Indian Agent at Musko- 
gee, for the fiscal year ending June 30, 1900 (his report 
for 1901 not out), was $825,020.76. 

The outlook for the future of the Indian Territory 
is certainly bright, and in every line of business there 
are bound to be openings to be filled by people coming 
here. There is not a line that will not develop to such 
an extent as to make room for new people in it and those 
first on the ground will find the best opportunities. 

The farm improvements are necessarily of a tem- 
porary character and will be replaced by those of a per- 
manent nature. New houses, new barns, new fences, 
and new outbuildings will have to be made, demanding 
material of every kind and labor of all trades for their 
construction. This applies also to agricultural imple- 
ments, making an immense demand along this line. 

During the transitory period, until lands are ap- 
praised and allotted by the commission to the Five Civ- 
ilized Tribes, lands in town sites disposed of, and tribal 
governments have become extinct, certain laws of Ar- 
kansas are extended over the Indian Territory, Federal 
laws apply in other instances, and the Secretary of the 
Interior is charged by law with enforcement of rules 
and regulations governing other matters. 

One million acres of commercial timber in this Ter- 
ritory wil surely become a source of great wealth. 

The Territory has all the sources of wealth it can 
need. What it does need is the development of its own 
resources and it will come. fast in the near future. 

The time will come when the oil wells of the Indian 
Territory will become as prominent before the country 
;is are those of Texas today, and wilj bring as much 
wealth to our people as it has brought to those of 
other localities. 

While the official census of 1900 is the latest data 
that can be procured as to the population of the Indian 
Territory it is far from correel at this writing. Espe- 



THE INDIAN TERRITORY. 41 

cially does this apply to the towns, many of them hav- 
ing grown so rapidly as to double and in some instances 
to thribble the population, as shown by the 1900 census. 
While there has been a remarkable growth since the 
census was taken the next few years will show a greater 
increase. 

Under the Atoka agreement the Choctaws and 
Chickasaws combine their lands and they are divided 
bewteen the citizens of the two Nations equally 
Deducting the freedmen's allotments in each nation 
from the total acreage of the two nations, and dividing 
this number of acres by the number of Choctaw and 
Cnickasaw Indians gives each Indian an allotment of 
about 490 ocres. Under the same agreement the resi- 
due of these lands over 160 acres can be sold without 
any restriction after deeds are issued, and the entire 
allotment can be leased at any time without waiting 
for issue of deeds. 

The surveying and platting of town sites was orig- 
inally done by the town site commissions, but it was 
found that this was not an advantageous way of doing- 
it, and the surveying and platting was transferred to the 
Indian Inspector's office. Since the change was made 
the work has progressed much more rapidly and will 
be completed in a short time. 

The hay business in the Indian Territory is assum- 
ing large proportions and is growing rapidly each year, 
and many fortunes have been made in the leasing of 
grass lands, putting up the hay and disposing of it, both 
for home consumption and by shipping it to northern 
markets. The hay is of an excellent quality and the 
lands can be leased at a rental that makes the business 
very profitable. 

The Creek Nation is now engaged with the Commis- 
sion to the Five Civilized Tribes in formulating a sup- 
plemental treaty to correct some details that were eith- 
er overlooked in the general treaty, or have arisen since 
that treaty was ratified. The proposed supplemental 
treaty will not change the provisions of the general 
treaty except in a few instances, and as they are mat- 
ters that are desired by both the Government and the 
Creek Nation to give better effect to present provisions 



42 THE INDIAN TERRITORY. 

the arangement will undoubtedly be entered into at an 
early date. 

Under authority of the Curtis act the Secretary of 
the Interior can lease oil, coal, asphalt and other min- 
eral lands in the Territory for a term of fifteen years, 
covering 640 acres of land. The rental for each lease is 
fixed at one hundred dollars per annum for the first and 
second years, two hundred per annum for the third and 
fourth years and five hundred dollars per annum for each 
succeeding year, all rental payments to be made annu- 
ally in advance. All such payments are made a credit 
on the royalty to be paid, when each property is devel- 
oped and operated and its production is in excess of such 
annual payments. 

The qualifications for voting in the towns of the 
Indian Territory are practically the same as in the 
towns of other Territories and States. All male inhabi- 
tants over the age of twenty-one years who have lived 
in the town for more than six months and who are citi- 
zens of the United States or either of the tribes are 
qualified voters. 

The Mayors of all towns, in addition to their other 
powers, have the same jurisdiction in civil and criminal 
cases arising within the limits of the town, as United 
States Commissioners in the Indian Territory. 

Towns and cities in the Territory have no power to 
impose or levy any tax against any land in the town or 
city until after title is secured from the tribe. After 
deeds are issued of course regular taxes can be im- 
posed. Until such title is secured all other property, in- 
cluding all improvements on town lots, with all occupa- 
tions and privileges, are subject to taxation for mu- 
nicipal purposes not to exceed two per cent of the as- 
sessed value. 

Some towns in the Territory are located on land 
that is allotted to some citizen. In this case the allottee 
liiusi maintain his rights, and it necessitates the pur- 
chase from llie allottee of his possession until the (own 
site is regularly located, when the regulations concern- 
ing town sites govern and lots can be bad in the regu- 
lar way. It amounts to paying twice for the lot. once 
to the allottee and then to the Government for the 



THE INDIAN TERRITORY. 43 

benefit of the tribe. This is a disagreeable feature, but 
it does not apply to many towns and will soon cease to 
exist. Most of the towns are located upon land reserved 
for town site purposes and are entirely free from com- 
plicating conditions of any kind. One can go upon any 
unimproved lot and improve it. and then buy it at one- 
half its appraised valuation, or one can purchase the 
improvements upon an improved lot and this purchase 
carries the right to acquire title in the same way. 

Elsewhere is given a table showing the population, 
acreage of land, and acres per capita of the citizens of 
each nation. This is somewhat misleading if applied 
to the allotment of citizens of each nation, as freedmen 
do not participate equally with other citizens in the di- 
vision of lands. By deducting the lands of Delawares 
and freedmen in the Cherokee Nation and those of the 
freedmen in the other nations and dividing the net acre- 
age of lands in each nation by the number of Indians in 
the respective nations, we get the number of acres, ap- 
proximately, that each Indian would receive in the gen- 
eral division, provided all lands were of equal value, as 
follows : 

Choctaws and Chickasaws 490 Acres 

Cherokees 160 

Creeks 280 

Serainoles 200 ; ' 

To be exact the reservations for town sites and 
other purposes should be deducted before the computa- 
tion is made, but these figures are near enough for the 
purpose. 



Application of the Provisions of 

Treaties and Laws to 

Each Nation. 



CREEK NATION, 

Under the treaty with the Creek Indians all lands 
belonging to the Creek Xation, except the town sites 
and lands reserved for Creek schools and public build- 
ings, are to be appraised at their true value, exclusive 
of improvements on lands in actual cultivation. The 
appraised lands are then to be alloted among the citi- 
zens of the tribe so as to give each citizen an equal 
share of the whole, in value. When the allotment is 
completed (which is practically done at this time), each 
citizen will have selected 160 acres of land, having the 
privilege of selecting such land so as to include the im- 
provements that belong to him. 

One hundred and sixty acres of land, valued at $6.50 
per acre, constitute the standard value of an allotment, 
and is the measure for the equalization of values. Any 
allottee receiving lands of less than the standard value 
of an allotment may select other lands, which, at their 
appraised value, will bring his allotment up to the fixed 
standard. If any selected allotment, at its appraised 
value, exceeds the fixed standard the excess value of 
his allotment is charged against him and deducted from 
his share in the future distributions of the funds of the 
tribe until his excess valuation of allotment is paid in 
full. If his portion of the distributive funds of the 



46 THE INDIAN TERRITORY. 

tribe should be insufficient to pay the excess valuation 
then it becomes a lien upon the rents and profits of his 
allotment until paid. A citizen, however, has the privi- 
lege of paying into the funds of the tribe, in money, the 
amount of any excess valuation of his allotment. 

Allotments for minors are selected by parents or 
guardian, and cannot be sold during their minority. 

Allotments for prisoners, convicts and aged and in- 
firm persons are selected by their appointed agents, 

Allotments for incompetents are selected by guar- 
dians, curators or persons of kin. 

A citizen who has been holding more land than he 
and his family are entitled to must make a selection of 
that amount of such land as he is entitled to hold for 
himself, wife and minor children. If he have lawful im- 
provements upon such excess holding he may sell such 
improvements to any other citizen, or he may remove 
the improvements if he desires. Any allottee selecting 
an allotment from the excessive holdings of another 
citizen must pay that citizen the value of the improve- 
ments as appraised by the appraisement committee pro- 
vided for by the treaty, and this amount shall be a 
lien upon the land until paid. 

All controversies arising between citizens as to 
their rights to select certain tracts of land are deter- 
mined by the Commission to the Five Civilized Tribes. 

Lands alloted to Creek citizens cannot be incum- 
bered, taken or sold, to satisfy any debt or obligation 
contracted or incurred prior to the date of the deed is- 
sued to the allottee. Such lands are not alienable by 
the allottee or his heirs until after five years from 
the ratification of the treaty (May 25, 1001), except with 
the approval of the Secretary of the Interior. Each 
allottee must select from his allotment forty acres of 
land, which he cannot sell or dispose of, but must re- 
tain as a homestead, and which he cannot incumber, 
and which is not taxable for twenty-one years. He may. 
however, sell, incumber or dispose of the residue of his 
allotment, over and above the forty -acre homestead, 
without restriction after five years, and prior to that 
time with i lie approval of the Secretary of the Interior. 
The homestead of each citizen in case of the death of the 
allot lee. remains for the use and support of children 
born after the ratification of the treatw In case there are 



THE INDIAN TERRITORY. 47 

no children he may dispose of it by will, or in case no 
will exists it goes to his heirs without limitation. 

The Secretary of the Interior must, through the In- 
dian agent of the Territory, place each citizen in un- 
restricted possession of his land when he has made his 
selection and received his certificate of allotment. 

After each citizen has received his allotment of 160 
acres, the residue of lands not reserved or otherwise 
disposed of, and all funds accruing under the provis- 
ions of the treaty, are to be used for the purpose of 
equalizing allotments, and if they are not sufficient 
any other funds of the tribe will be used, so that all al- 
lotments may be made, as near as may be, equal in value. 

All towns in the Creek Nation that had a popula- 
tion of two hundred people or more at the date of the 
treaty (March 8, 1900), must, and all other towns may 
be, surveyed, laid out, platted into town lots, streets, 
alleys and parks, by the Secretary of the Interior under 
such rules and regulations as he may prescribe. 

The Secretary of the Interior is authorized to ap- 
point a town site commission consisting of three mem- 
bers, one of whom must be a citizen of the nation. After 
the approval of the surveying, platting, etc., by the Sec- 
retary of the Interior, it is the duty of the town site 
commission to appraise and sell the town lots for the 
benefit of the tribe. The judgment of any two members 
governs in appraising; if no two agree the matter is de- 
termined by the Secretary. When public interest justi- 
fies a separate town site commission may be appointed 
for any town. The Secretary of the Interior may at his 
discretion permit any town to make its own survey, 
plat, etc., subject to his approval. 

The Secretary of the Interior may for cause remove 
any town site commissioner, and fill the vacancy by ap- 
pointment in the same manner as the place was orig- 
inally filled. 

Town site limits may be so established as to best 
subserve the present needs and reasonable prospective 
growth of the town. 

When recommended by the Commission to the Five 
Civilized Tribes, the Secretary of the Interior may re- 
serve from allotment any land, not exceeding 160 acres 
is one tract for town sites, for railroad stations as are 
or shall be established on any line of railroad, either 
already constructed, or in process of construction, with- 



48 THE INDIAN TERRITORY. 

out any reference to the population of such town site. 
When such land is occupied by a citizen of the nation 
he shall be fully compensated for his improvements. 

Any person occupying any town lot with permanent 
improvement upon it has the right to purchase such lot 
by paying one-half of the' appraised value of the lot, but 
he must make the first payment within sixty days after 
notice of the appraised value of his lot, or the lot and 
improvements may be sold at auction, under the direc- 
tion of the town site commission at a price not less than 
their appraised value, the purchaser paying to the own- 
er of the improvements the appraised price thereof less 
the appraised value of the lot. 

Any person having the right of occupancy of one 
business and one residence lot in any town, and not own- 
ing any other land in that town, has the privilege of 
purchasing such business and residence lots at one- 
half their appraised value, although they may have no 
improvements thereon. 

Any person who may have purchased any lot or 
parcel of land not exceeding four acres, in any town, 
from any one in legal possession at the time, and prior 
to the date of the Creek agreement, has the right to 
purchase such land at one-half its appraised value. 

All town lots, having no improvements upon them, 
and not otherwise specifically provided for, are sold by 
the town site commission at public auction, from time 
to time, after advertising the sale, at not less than their 
appraised value. 

Any person having the right of occupancy of lands 
in any town which has been or may be laid out into 
town lots, to be sold at public auction, has the right to 
purchase One-fourth of all the lots into which such lands 
have been divided at two-thirds of their appraised value. 

When any town lot, upon which are improvements, 
has been appraised, the town site commission notifies 
the owner of the improvements of the amount of the ap- 
praisement of the lot, and he must, within sixty days 
from date of that notice 4 , make payment of ten per cent 
of the amount due for the lot, and four months there- 
after must make an additional payment of fifteen per 
(<iii of the amount, and the remainder of the purchase 
money is paid in three annual payments without inter- 
est. Payments for unimproved lots are made in the same 
manner ami upon I lie same terms as for improved lots. 



THE INDIAN TERRITORY. 49 

A purchaser has the privilege in either case of paying 
the entire amount due at any time. In case any payment 
is not made when due it bears interest at ten per cent 
per annum, until paid. 

All town lots purchased under the provisions of the 
agreement are free from incumbrance by any debt con- 
tracted prior to the date of the deed. All deferred pay- 
ments constitute a lien upon the property for which the 
debt was contracted, and if any payment is due and un- 
paid at the end of two years from the date of the fifteen 
per cent payment, the lien for the payment of all pur- 
chase money remainiug unpaid may be enforced in the 
T nited States Court in the same manner as vendors' 
liens are enforced, the suit to be brought in the name 
of the Principal Chief for the benefit of the tribe. 

No taxes can be assessed against any unsold town 
lot. but they can be assessed against any lot upon which 
any payment has been made, and all taxes so assessed 
become a lien upon the interest of the purchaser in such 
lot. and in case of the forfeiture of the lot all taxes as- 
sessed against that lot are paid out of any money the 
purchaser may have paid on the lot. 

Towns have the right to purchase land for cemetery 
purposes, may dispose of burial lots and apply the pro- 
ceeds for the improvement of the property. 

The United States may purchase land for court- 
houses, jails and other public buildings at its appraised 
value, paying for any improvements that may be upon 
the land selected. 

All schools and institutions of learning located in 
incorporated towns may purchase the lots or parcels of 
land they occupy at one-half their appraised value. 

Town lots or parts of lots not exceeding fifty by 
one hundred and fifty feet, upon which church houses 
and parsonages have boon erected, arc conveyed gratui- 
tously, and if they have adjoining lots enclosed neces- 
sary for their use. the churches can purchase such lots 
at one-half their appraised value. 

The Secretary of the Interior furnishes the Princi- 
pal Chief of the Creek Nation with the blank deeds nec- 
essary for all the conveyances provided for in the treaty. 
The Principal Chief issues the deed to each allottee for 
the lands embraced in his allotment certificate, and for 
lands to which he becomes entitled in the equalization 
of his allotment. The deed transfers all right, title and 



50 THE INDIAN TERRITORY. 

interest of the Creek Nation in the land deeded, and in 
accepting the deed the allottee relinquishes all his in- 
dividual right, interest and title to the lands of the 
tribe, except in the proceeds of lands reserved from al- 
lotment. Deeds to town lots are issued in like manner. 
All deeds are to be approved by the Secretary of the In- 
terior, and this approval serves as a relinquishment of 
all right, title and interest of the United States in the 
lands embraced in the deed. 

All deeds after execution and approval are filed in 
the office of the Commission to the Five Civilized Tribes 
without expense to the grantee. 

The following lands are reserved from the general 
allotment: All lands set apart for town sites; all lands 
to which any railroad company may have a vested right 
for right of ways, depots, station grounds, water sta- 
tions, stock yards or for similar uses in the maintenance 
and operation of the road; lands for certain schools and 
charitable institutions; lands for town cemeteries; lands 
occupied by the university established by the American 
Baptist Home Mission .Society; one acre each for six 
Creek court-houses, and one acre each for all churches 
and schools outside of towns, used regularly as such. 

Municipal corporations are authorized, with the ap- 
proval of the Secretary of the Interior, to issue bonds 
and borrow money thereon, for sanitary purposes, the 
construction of sewers, lighting plants, water works and 
school houses. 

All moneys paid to the tribe under the provisions 
of the treaty are paid into the United States Treasury 
to the credit of the tribe, and all money expended for the 
purposes of equalizing allotments, or other provisions 
of the agreement, are paid under the direction of the 
Secretary of the Interior. 

The United States pays all expenses of surveying, 
platting, disposition of town lots and allotments of lands, 
except where special permission is given to towns to 
survey and plat at their own expense. 

('reek citizens may rent their allotments, when se- 
lected, from year to year, and after they receive their 
deeds they may rent without any restriction, providing 
adjoining allotments are not injured thereby. 

(aide may be grazed on leased allotted lands and 
not be subject to any tribal tax, but when grazed on 
lands that have not been allotted the Secretarv of the 



THE INDIAN TERRITORY. 51 

Interior is authorized to colleet a reasonable grazing 
tax for the benefit of the tribe. As at this time the Creek 
lands are practically all allotted this provision is not of 
any particular force. 

No non-citizen renting lands from a Creek citizen, 
whether such lands have been selected as an allotment 
or not, shall be required to pay any permit tax. 

The tribal government of the Creek Nation cannot 
continue longer than March 4, 1906, subject to such 
further legislation as Congress may decree proper. 

Section fourteen of the Curtis act (June 28, 1898) is 
in force as to its application to the Creek Nation, but 
all other provisions of this act in no way apply when in- 
consistent with the Creek treaty. This section provides 
that any city or town in the Territory, having two hun- 
dred or more people, many petition the United States 
Court for incorporation, and become incorporated as 
provided for in chapter twenty-nine of Mansfield's Di- 
gest of the Statutes of Arkansas, the clerk of the court 
performing all the acts required of the Recorder of the 
County, the Clerk of the County Court, or the Secretary 
of State, necessary for the incorporation of the town, as 
provided in Mansfield's Digest. When a town is so in- 
corporated it possesses all the powers and exercises all 
the rights possessed and exercised by the municipalities 
in the State of Arkansas. All male inhabitants of the 
town, who are citizens of the United States, or of the 
tribes, who are over twenty-one years old, and have re- 
sided in the town for six months prior to any election, 
are qualified voters. The mayors of the towns have the 
same jurisdiction in civil and criminal cases arising 
within the limits of the town as the United States Com- 
missioners in the Territory. 

The provisions of section thirteen of the Curtis act 
do not apply to or in any manner affect the lands or 
other property of the Creek Nation or be in force in this 
nation. The provisions of this section pertain to the 
leasing of oil, coal, asphalt and other mineral lands. 



THE INDIAN TERRITORY 



THE CHICKASAW AND CHOCTAW 
NATIONS. 

The Atoka agreement is a treaty with the Chicka- 
saw and the Choctaw tribes jointly, its provisions affect- 
ing- both nations alike. Under this agreement all lands of 
the two tribes are to be divided between their members, 
each one to receive an equal share, considering the char- 
acter and fertility of the soil, and the location and value 
of the lands. There is no fixed standard of value in these 
nations as there is in the Creek Nation, but the lands 
will be allotted by the Commission to the Five Civilized 
Tribes to give each one the same value in land. 

All town sites, lands for educational and charitable 
institutions, ten acres for the Capitol Building of the 
Choctaw Nation, five acres for the Capitol Building of 
the Chickasaw Nation,' one acre for each school-house 
outside of towns, court-houses, jails and other public 
buildings, including some special reservations, are re- 
served from allotment. All coal and asphalt in or under 
all the lands of these nations is reserved for the benefit 
of the members of the tribes. When coal or asphalt is 
opened up on lands the value of the use of the surface 
for prospecting or mining, and the damage done to the 
other land and improvements, must be paid to the owner 
of the land by the party operating, before commencing 
work, the damages to be determined under the direction 
of the Secretary of the Interior. 

The agreement provides that the Commission to the 
Five Civilized Tribes shall make a correct roll of the 
freedmen and their descendants, entitled to rights or 
benefits under former treaties, and forty acres of land, 
including their present improvements, shall be allotted 
to each, to be selected and used by them until their 
rights shall be determined as Congress mav provide 
for. 

Each member of these nations, including the freed- 
iiH'ii. have the right to select their allotments so as to 
include the improvements each one may own, but the 
improvements are not taken into consideration in ap- 
praising the land. 



THE INDIAN TERRITORY. 53 

Allotments for minor children are to be selected by 
the parents, guardian, or the administrator of an eslate, 
and such allotments cannot be sold during minority; 
allotments for prisoners, convicts and incompetents, are 
selected by some person akin to them. 

All allotments are non-taxable for twenty-one years, 
provided the title remains in the original allottee. Each 
allottee must select a homestead of 160 acres, for 
which a separate deed is . issued and which 
he cannot dispose of for twenty-one years. This pro- 
vision also applies to the freedmen for the whole of his 
allotment. The remainder of the lands allotted to each 
member may be disposed of by the allottee for a price 
to be actually paid, and not to include any former in- 
debtedness, one-fourth of the land may be sold in one 
year, one-fourth in three years and the balance in five 
years from the date of the deed. 

Any contract for sale, or any incumbrance except as 
stated, is declared void. 

An allottee may lease any portion of his land for 
any period not exceeding five years, but all leases to be 
effective, must be recorded in the office of the Clerk of 
the United States Court in the district in which the land 
is located. 

All contests arising between members of the tribes 
as to selection of allotments are decided by the Commis- 
sion. The United States puts each allottee in possession 
of his land and removes all parties who have no right 
there. 

After allotment is made the Principal Chief of the 
Choctaw Nation and the Governor of the Chickasaw 
Nation will issue a deed jointly to each allottee, 
conveying to him all the right, title and interest of the 
nations in the land transferred by the deed, and the al- 
lottee, in accepting the deed, relinquishes his right, 
title and interest in all other lands of the nations except 
his interest in such reservations as are excepted from di- 
vision. No title, however, is given by the deed for any 
coal or asphalt that may exist under his land. 

The Atoka agreement provides for the appointment 
of a town site commission for each of the nations, con- 
sisting of two members, one representing the Govern- 
ment and one the nation. The commissions are auth- 
orized to lay out town sites, to be restricted as far as 
possible to the present limits of existing towns. They 



54 THE INDIAN TERRITORY. 

are to prepare proper plats of each town, to be approved 
by the Secretary of the Interior. The lots in all towns 
are appraised by the town site commissions, exclusive of 
any improvements that have been placed on them, The 
owner of the improvements has the right to buy one 
residence and one business lot at one-half the appraised 
value, and all the other lots upon which he may have 
improvements at sixty-two and one-half per cent of the 
appraised value, within sixty days from the date of the 
notice served by the Commissions that such lots are for 
sale. Within ten days from his purchase he must pay 
one-fourth of the purchase price and pay the balance 
in three annual payments. When the last payment is 
made he receives his deed for the lot. 

If the owner of the improvements on any lot fails 
to purchase and make the first payment, the lot, with 
the improvements, is sold at auction by the town site 
commissions and the purchaser pays the owner of the 
improvements the amount the lot is sold for, less sixty- 
two and one-half per cent of the appraised value of 
the lot, which is paid -into the United States Treasury 
in the same manner as other payments for lots are made. 

Unimproved lots are not appraised in these nations, 
but are sold at public auction to the highest bidder at 
such times, after advertising, as in the judgment of 
the town site commissions seems to be for the best in- 
terest of the nations and the good of the towns. The 
commissions have the right to reject all bids which 
they consider below the value of the lots. Payments are 
made in the same manner and on the same terms as for 
improved lots. 

Failure for sixty days to make any payment causes 
a forfeiture of all payments that may have been made, 
and all right under the contract, but any purchaser 
has the privilege of paying the entire amount any time 
before it is due. 

No taxes can be assessed by any town against any 
unsold lot, and no tax assessed against a lot that has 
been sold becomes a lien upon the lot until the purchase 
price has been fully paid. 

The money paid into the Treasury from the sale of 
I own lots is for the benefit of the members of each na- 
tion. 

Towns have the right to purchase land for cemetery 
purposes, not to exceed five acres, at the price of ten 



THE INDIAN TERRITORY. 55 

dollars per acre, and divide such land into suitable burial 
lots and dispose of such lots, using the proceeds for the 
improvement of the cemetery. 

The United States Government bears all expense of 
surveying and platting lands for town sites, for apprais- 
ing and allotting of lands, or for appraising and dispos- 
ing of town lots. 

Town lots upon which churches and parsonages are 
now built, not to exceed fifty by one hundred feet for 
each church or parsonage, are exempted from appraise- 
ment and sale so long as they are used for such pur- 
poses. If they cease to be so used the lots revert to the 
tribes, to be disposed of as other town lots are. 

The agreement provides that all coal and asphalt in 
the Choctaw and Chickasaw Nations be the common 
property of the members of the two nations, not includ- 
ing the freedmen, each member having an undivided in- 
terest in the whole. Such an amount of the revenue de- 
rived from coal and asphalt as may be necessary is used 
for the education of the Indian children of the nations. 

All coal and asphalt mines are under the supervis- 
ion of two trustees, one a Choctaw and one a Chickasaw, 
who give bond, and perform their duties under rules 
prescribed by the Secretary of the Interior, and to whom 
their reports are made, and all their acts are subject to 
his approval. 

All leases on coal, asphalt or other mineral, as the 
case may be, cover the coal, asphalt, or mineral, in or 
under 960 acres of land, in a body as nearly square as 
may be, and run for thirty years. Royalty on coal is 
placed at fifteen cents per ton and sixty cents per ton on 
asphalt, but these royalties may be reduced or advanced 
by the Secretary of the Interior at his discretion. 

All lessees on each coal or asphalt claim shall 
make an advance payment of one hundred dollars per 
annum for the first and second years, two hundred dol- 
lars per annum for the third and fourth years, and five 
hundred dollars for each succeeding year. These pay- 
ments to be deducted from royalty payments when the 
latter exceed the advance payments named. In case of 
default for sixty days, to make these advance payments 
the lease becomes null and void and any payments made 
are forfeited to the nations. 

In towns where coal is now being mined, and coal 
leases are operated, there is reserved from appraisement 



5G THE INDIAN TERRITORY. 

and sale all lots on which are houses of miners actually 
engaged in mining, and in addition thereto a sufficient 
amount of land to furnish homes for the men actually 
engaged in operating the mines under the lessees, as 
well as sufficient ground for warehouses, offices, build- 
ings and machinery. When such land and lots cease to 
be used for that purpose they are to be disposed of for 
the benefit of the tribes. 

The agreement provides that no act, ordinance or 
resolution of the council of either nation, in any manner 
affecting the land of the tribes, o^ of the individuals, 
after allotment, or the moneys or property of the h ibe, 
or citizens (except for the appropriations for regular ex- 
penses of the governments of the tribes), or the rights 
of any person to employ any kind of labor, shall have 
any validity until such acts, ordinances or resolutions 
have been approved by the President of the United 
States. 

The tribal governments will cease to exist on March 
4, 1906. 

Tt is provided by the. agreement that when the tribal 
governments cease to exist the Ohoctaws and Cbicka- 
saws shall become possessed of all the rights and priv- 
ileges of citizens of the United States. 

The Choctaw orphan lands in the State of Missis- 
si])])! are to be taken by the United States at $1.25 
per acre, and the amount placed to the credit of the 
Choctaw orphan fund in the United States Treasury. 



THE INDIAN TERRITORY 



THE SEMINOLE NATION. 



The treaty with the Seminole tribe provides that 
all the lauds belonging to the Seminole Indians shall 
be divided into three classes, the first class to be ap- 
praised at 15.00 per acre, the second class at $2.50 per 
acre and the third class at fl.25 per acre. This is the 
only treaty that provides for a stipulated valuation of 
lands. These lands are to be divided among the members 
of the tribe so that each shall have an equal share in 
value, the location and fertility of soil considered. Eae-h 
member has the right to select his allotment so as 
to include the improvements owned bv him. After allot-' 
ment each member has the sole right of occupancy of 
the land allotted to him during the existence of the 
tribal government and until the members of the tribe 
have become citizens of the United States. 

Allotments in the nation, as in all the others, are 
made by the Commission to the Five Civilized Tribes, 
who issue a certificate describing the land allotted. 

Contracts for sale, or any incumbrance of any 
kind prior to the date of the deed to the allotment 
are absolutely void, but any allottee may lease any 
portion or all of his allotment for any time not ex- 
ceeding six years. The lease must be approved by the 
Principal Chief and a copy filed in the office of the 
Clerk of the United States Court at Wewoka, the cap- 
ital of the Seminole Nation. Leases of coal, mineral, 
oil or gas lands must be made with the tribal govern- 
ment with the consent of the allottee and to be ap- 
proved by the Secretary of the Interior. When any coal, 
oil, gas or mineral is discovered upon the allotment 
of any member of the tribe, and it is operated to pro- 
duce royalty, one-half of the royalty is paid to the al- 
lottee and one-half is paid into the treasury of the 
tribe until the tribal government ceases to exist, the 
latter to be used for equalizing allotments. Any funds of 
the tribe after extinguishment of the tribal government 
can be used to equalize allotments until each 
allotment is made equal in value. Five hundred thou- 
sand dollars of the funds of the Seminole Nation held bv 



58 THE INDIAN TERRITORY. 

the United States Government is set aside as a perma- 
nent school fund, the proceeds of which at five per cent 
interest are to be used for the education of the children 
of the tribe until the tribal government ceases, after 
which it is to be applied by the Secretary of the Interior 
to the maintenance of the Mekasuky and Emahaka 
academies and the district schools of the Seminole Na- 
tion. There is reserved from allotment 320 acres of land 
for each of these academies and 80 acres for each of the 
eight school districts in the nation. 

There is reserved from allotment one-half acre for 
each church in the nation, now existing or hereafter es- 
tablished, so long as it is used for church purposes, but 
when it ceases to be used for such purposes it reverts to 
the nation. 

One acre in each township is excepted from allot- 
ment which may be purchased by the United States for 
the purpose of establishing schools for the education of 
children of non-members of the tribe. 

At the close of tribal government the principal chief 
is to execute and deliver -to each allottee a deed for his 
allotment, conveying all the right, title and interest of the 
nation and its members in the land embraced in the 
deed, and the approval of the Secretary of the Interior 
releases all right, title and interest of the United States 
Government, while the acceptance of the deed by the 
allottee relinquishes all the right, title and interest in 
all other lands of the tribe except such as may have 
been excepted from allotment, to be held in common for 
other purposes. 

Each allottee must designate 40 acres of his allot- 
ment as a homestead, which is non-taxable and inalien- 
able in perpetuity. 

After equalizing the value of all allotments, and 
reserving the 1500, 000 school fund, all moneys belong- 
ing to the Seminole Nation are to be divided per capita, 
in three payments, among tin 4 members of the tribe, the 
In si payment to be made after tribal government ceases, 
and i lie others one and two years later. 

Regular terms of the United States court are held 
;ii Wewoka. 



THE INDIAN TERRITORY. 59 



THE CHEROKEE NATION. 



The Cherokee Nation, having no new treaty or 
agreement with the United States, comes under the 
provisions of the Curtis act (June 28, 1898), and where 
the treaty stipulations of the other nations do not con- 
flict with the Curtis act it applies to them as well, but 
the treaties take precedence over this act. 

Under the Curtis act the surface of the lands of the 
Cherokee Nation, through the Commission to the Five 
Civilized Tribes, is to be alloted to the exclusive use and 
occupancy of the members of the tribe, giving to each 
his fair and equal share thereof, considering the fertil- 
ity of the soil, location, and value of the same; but all 
oil, coal, asphalt and mineral deposits in the lands are 
reserved to the tribe and allotments will not carry title 
to the deposits named. All town sites are reserved from 
allotment. Keservations are also made for lands occu- 
pied fay churches, schools, parsonages, charitable insti- 
tutu ns and other public buildings, for their necessary 
use, not to exceed more than one acre for each church 
or five acres for each school now established or to be 
established. Land for cemetry purposes is also reserved. 

An allottee may select lands upon which his im- 
provements are located. All allotted lands are non- 
transferable and non-taxable until full title is acquired, 
and an obligation contracted prior to acquiring title will 
not hold as against an allotment. 

All incorporated towns may secure the lands neces- 
sary for public improvements, regardless of tribal lines, 
by means of condemnation, or otherwise, and when con- 
demnation proceedings are necessary they may be 
brought under sections 907 to 912, inclusive, of Mans- 
field's Digest of the statutes of Arkansas. 

Leases covering oil, coal, asphalt and other miner- 
als may be made by the Secretary of the Interior, under 
such rules and regulations as he may direct, for any 
time not exceeding fifteen years for an original lease or 
for renewal thereof. No such lease can cover the min- 
eral in more than 640 acres of land, conforming as near- 
lv_as possible^to^ regular surveys. Lessees must pay in 



60 THE INDIAN TERRITORY. 

advance on each lease f 100 per annum for the first and 
second years; $200 per annum for the third and fourth 
years, and |500 per annum for each succeeding year, 
but these payments are deducted from the royalties 
when they exceed, in any year, the amounts named. 
These advance payments must be made whether the 
mines are developd or not. Default of payment for sixty 
days cancels the lease and forfeits the advance pay- 
ments. Damages to the surf a --e of the land by reason 
of operating a lease are ascertained under direction of 
the Secretary of the Interior and must be paid to the 
allotee or owner of the land before operations com- 
mence. The rate of royalty to be paid by lessees is fixed 
by the Secretary of the Interior. The inhabitants in 
any town in the Cherokee Nation may petition the 
United States court for incorporation and become incor- 
porated as is provided in chapter 29 of Mausfield's Di- 
gest of the statutes of Arkansas, the clerk of the court 
recording all papers and performing all the acts required 
of <h» county recorder or the Secretary of State, as pro- 
vided in Mansfield's Digest. The town government when 
so organized possesses all the powers and exercises all 
the rights of similar municipalities in the State o p Ark- 
ansas. All male inhabitants over twenty-one year ;- old, 
who are citizens of the United States, or of the tribe, 
who have resided in the town for six months, are quali- 
fied voters. Mayors exercise the same jurisdiction i in 
civil or criminal cases, arising within the limits of the 
town, as United States Commissioners in the Indkui 
Territory. The Marshal, or other executive officer, has 
the same jurisdiction as constables have under the law** 
in force in the Territory. 

City or town governments cannot tax any lands in 
the city or town prior to the acquiring of title from the 
tribe, bin all other property, including the improve- 
ments on town lots, together with all occupations and 
privileges, are subject to taxation, and for support of 
the town, schools and other public purposes the coun- 
cils may levy an annual lax upon such property not to 
exceed two per centum of I he assessed value. The 
councils may establish and maintain free schools under 
the provisions of sections 6258 to tli'TO, inclusive, of 
Mansfield's Digest of the statutes of Arkansas, and may 
exercise the powers conferred upon special school dis- 
tricts in the cities and towns of that State. 



THE INDIAN TERRITORY. 61 

The owners, and holders of leases, or improvements 
in any town are privileged to transfer the same. 

Town site commissions, consisting of one person 
representing the government, one the Cherokee Nation 
and one the town, are provided for, who shall cause to 
be surveyed, and laid out, town sites for all towns that 
had a population of two hundred people at the time of 
the passage of the Curtis act. Provision is made for 
streets, alleys, public grounds, including parks and cem- 
eteries, giving each town such territory as may be re- 
quired for its present needs and reasonable prospective 
growth. 

All town lots are to be appraised at their actual 
value, excluding improvements, for which a separate 
appraisement is made, such appraisements to be ap- 
proved by the Secretary of the Interior, and in case of 
disagreement as to valuation the Secretary fixes it. 

The owner of the improvement on any town lot 
may purchase such lot at one-half its appraised value, 
paying ten per cent of the purchase price within two 
months, fifteen per cent more within six months, and 
the remainder in three annual payments after the date 
of notice of appraisement. If the owner of the improve- 
ments on a lot fails to make payments as provided the 
lot may be sold as unimproved lots are sold, and the pur- 
chaser may, by condemnation proceedings, have the im- 
provements appraised, and deposit the appraised 
amount with the clerk of the court. The owner of the 
improvements must accept the deposit in full payment 
or remove his improvements within a time to be fixed 
by the court. 

All unimproved lots are appraised and sold at public 
auction to the highest bidder for not less than their ap- 
praised value, unless otherwise ordered by the Secretary 
of the Interior. Payment is made in the same manner as 
for improved lots. 

The inhabitants of any town may, within one year 
after the survey is made, purchase the land for parks, 
cemeteries and other public grounds, laid out by the 
town site commission, at the price of ten dollars per 
acre, paying for the same on the same terms as apply 
to payment for town lots. The tribe must authorize some 
person to execute and deliver to the purchaser a deed 
conveying to him the title to such lots or lands. All 
money received from the sale of town lots and lands 



62 THE INDIAN TERRITORY. 

is paid into the United States Treasury and paid out 
per capita to the members of the tribe after title to the 
town property has been perfected. In town sites where 
coal is being mined under leases, there is reserved from 
appraisement and sale all lots occupied by miners actu- 
ally engaged in mining, but only while they are so en- 
gaged. There is also reserved such an amount of land 
as is needed for houses for the employees actually work- 
ing the mines for the lessees, and the amount necessary 
for buildings and machinery for mining purposes. All 
these reserved lands, however, revert to the tribe when 
they cease to be used for the purposes named. 

Members of the tribe may dispose of any timber on 
their allotments. 

No member of the tribe is permitted to enclose or 
hold possession of more land than would be the share to 
be allotted to himself, wife and minor children. The 
United States District Attorney is required to see that 
this provision is enforced, the penalty being a fine of 
one hundred dollars. Each day the excessive land is 
held is considered a separate offense. 

The Commission to the Five Civilized Tribes is di- 
rected to make a roll of citizenship of the members of 
the Cherokee Tribe using the roll of 1880 (excluding 
freedmen) as a basis, and enrolling all persons now liv- 
ing who are found on this roll, and all descendants born 
since the date of the roll, to those found on the roll; and 
all persons who have been enrolled by the tribe, who 
have made permanent settlements in the Cherokee Na- 
tion, whose parents, by reason of their Cherokee blood, 
have been admitted to citizenship, and who were minors 
when their parents were so admitted. This commission 
is authorized to investigate the right of all other per- 
sons claiming citizenship, including inter-married white 
persons, enrolling such as may be entitled to citizenship 
under the Cherokee laws. The commission is directed 
also to make a roll of the Cherokee freedmen in compli- 
ance with a decree of the Court of (Maims. 

No person can be enrolled who has not removed to 
;iik1 settled in the Cherokee Nation. 

Before any allotment of lands is made in the Chero- 
kee Nation there must be reserved by the commission 
L57,600 acres of land, purchased by the Delaware In- 
dians from the Cherokee Nation, to be subject to the 
judicial determination of the rights of the Delawaies 



THE INDIAN TERRITORY. 63 

and their descendants, under the agreement between the 
Delawares and the Cherokees. Suit is now pending for 
the adjudication of the matter. The Delawares claim 
that they participate in all the lands, rights, privileges 
and immunities of the native Cherokees in all respects, 
while the Cherokees contend that they have no right to 
any interest in the nation, except the 157,600 acres of 
land sold to them. 

All tribal courts in the Cherokee Nation have been 
abolished. 



Cities and Towns of the Indian 
Territory. 



We give the descriptions following of the principal 
towns of the Indian Territory, showing their condition, 
their prospects and advantages, and have no hesitation 
in saying that in no State in the Union can there be 
found a better class of towns than the Indian Territory 
possesses. They are all wide awake and energetic, and 
every one is bound to grow and develop in the coming 
few years, establishing themselves firmly and laying 
the foundations for the future cities of the territory. 

CHECOTAH, CREEK NATION. 

There are many good towns in the Indian Territory, 
but considering the population there is not one that be- 
gins to do the volume of business that is transacted an- 
nually in Checotah, the subject of this short sketch. 

Checotah is a town of about 1,500 inhabitants, sit- 
uated on the main line of the M., K. & T. R. R, just half 
way between Denison, Tex., and Parsons, Kan., and is 
one of the greatest shipping points between those two 
towns. The town was ushered into existence something 
like thirteen years ago, and has been rated as a place 
with a future since that time. It is located on a high 
rolling prairie, surrounded by some of as good land as 
can be found anywhere, but not until a few years ago 
were its great agricultural resources developed. Up to 
that time the whole country was one large cattle ranch, 
and thousands of cattle grazed within a stone's throw 



66 THE INDIAN TERRITORY. 

of what is now the business section. But conditions 
have changed now. "The man with the hoe" came in, 
turned old Mother Earth over and to-day Checotah is 
not only classed the best agricultural town in the Indian 
Territory, but is in reality, as the farmers realize more 
for their produce here than any other market in this 
country. While the influx to this country has been very 
great during the past few years there are thousands of 
acres of undeveloped land tributary to the town that 
only awaits the coming of the farmer who wants to be- 
come independent in a very short time. While cotton is 
the principal staple raised here now, there is not a finer 
corn country in the universe than in this immediate vi- 
cinity, and thousands of bushels are marketed here every 
fall. The hay business around Checotah is also a big 
item, there being more than $20,000 worth of it sold and 
shipped from here this season. Another big industry 
here is the raising of hogs, and now the more progress- 
ive farmers are turning their attention to the breeding 
of fine stock of all kinds. The country around here 
abounds in minerals of all kinds and coal, gas and oil 
are known to be here in paying quantities, and as soon 
as conditions change they will be developed. For the 
farmer with brains, muscle and energy (and a little 
money would not be a drawback to him), who is seeking 
a home, the Indian Territory offers unlimited advantages, 
and the garden spot of the whole country is around Che- 
cotah, "The Queen City of the Prairies." 

There are in Checotah to-day some of the most ex- 
tensive business concerns to be found in the Five Tribes, 
and one concern here, the Spaulding-Hutchinson Mer- 
cantile Company, incorporated under the laws of Mis- 
souri, with a capital stock of $200,000, can truthfully lay 
claim to being the largest retail concern in the entire 
Southwest, their annual business amounting to more 
than a quarter of a million dollars. In addition to their 
mercantile business they have also secured leases on 
thousands of acres of the finest farming lands in the 
Creek Nation, and farmers from all parts of the country 
are being located on them by this firm. They are ex _ 
icnsive coll on buyers and have two of the finest gin 
phials in operation in Checotah to be found anywhere 
in the South. There are two other gins in Checotah, and 
the cotton receipts amount to from It), (MM) to 15,000 bales 
a season — the 8paulding*Hntchinson Mercantile Com- 



THE INDIAN TERRITORY. 67 

pany handling considerably more than half of it. In 
addition to this firm and its various enterprises. Cheeo- 
tah has seven other big general mercantile establish- 
ments, three exclusive hardware stores, four up-to-date 
drug stores, two jewelry stores, a bank, with $50,000 
capital, a telephone exchange, with long-distance con- 
nections, two pushing real estate firms, two first-class 
hotels, two millinery stores, one racket store, three ex- 
tensive lumber yards, one meat market, four or five res- 
taurants, two bakeries, two confectionery stores, one 
steam laundry, two barber shops, one photographer, one 
feed stable and wagon yard, one livery stable, one grist 
mill, six physicians, two dentists, one attorney, two in- 
surance agencies, three blacksmith shops, a good city ad- 
ministration and a class of inhabitants that are as re- 
fined, cultured and educated as can be found anywhere. 
The town also has good schools, is well supplied with 
churches, the Methodists, Christians, Episcopal and Bap- 
tists being represented and have handsome houses 
of worship. The secret societies are also well repre- 
sented; the following orders have an organization here: 
Masons, Odd Fellows, K. of P.'s, Eastern Star, Rebec- 
cahs, Modern Woodmen, Woodmen of the World and 
some others. The town has some of the finest and most 
modern business houses in the Territory and the stocks 
carried by them would be a credit to a town several 
times as large as Checotah. Especially is this true of the 
Spaulding-Hutchinson Mercantile Company's establish- 
ment. Another enterprise that the people of Checotah 
take a great pride in is their newspaper — the Checotah 
Enquirer — which has aided much in the development of 
the town and surrounding country. The Enquirer is 
edited by K. W. Whitmore and is acknowledged to be 
one of the leading publications in the Indian Territory. 
It is not only well edited and always filled with news of 
importance to those who contemplate moving to this 
country, but Mr. Whitmore always keeps it above the 
average in point of beauty and typographical appear- 
ance. 



68 THE INDIAN TERRITORY. 



OKMULGEE, CREEK NATION, 



Upon the land of that historic and romantic tribe of 
Indians — the Muscogees or Creeks — are now to be found 
many modern towns of goodly proportions, though in 
point of years they are only infants. There happen to 
be towns in this reservation greater in numbers than 
Okmulgee, but surely there is no spot within the con- 
fines of the Creek Nation around which cluster such sa- 
cred memories of this once powerful tribe of Indians. 
Okmulgee has long been the vantage ground to this peo- 
ple, for it was here that the kings and warriors from 
every quarter, as representatives of their people, met in 
council for legislative purposes, and the laws passed 
by this body bear evidence of their sense of justice. 
This town has also been the scene of some war. It is 
the home of old Isparhecher, long the leader of the Loyal 
Party, and the conspicuous figure in the Isparhecher 
war and who to-day is perhaps the greatest living Creek 
Indian. But the sovereignty of the tribe has passed 
into history, and their land is being gradually settled 
upon by their pale-faced brethren. Their tribal rela- 
tions are dissolved, their laws no longer regulate, they 
are United States citizens, and they are protected by and 
are amenable to United States laws. 

Okmulgee is no longer a village of Indian huts and 
Negro shanties, but it is a hustling, thriving business 
town of 1,500 people. It is located in the heart and cen- 
ter of the Creek Nation, and is destined to be the best 
town in the nation. In the matter of location and nat- 
ural resources it is undoubtedly superior to all others. 

On the east and north and south is a fertile prairie 
and upon which now grow and fatten great herds of cat- 
He. Bere and there at long, intervals will be seen farms, 
upon which grow as good coin and cotton and fruit of 
many varieties as is grown anywhere else in the Missis- 
sippi Valley. On the west of the town are lovely hills 
and stalely forests of timber, and useful timber for saw- 
ing into lumber for fencing purposes and for fuel. These 
hills and forests are ye1 the home of countless game, of 
flocks of wild turkey and inanv deer. 



THE INDIAN TERRITORY. 69 

Until less than one year ago this portion of the 
Creek country had not the advantages of a railroad — an 
imperative necessity to a prosperous development of a 
country — which, with the heretofore existing laws with 
reference to Indian lands, retarded the growth and im- 
provement of this splendid country tributary to Okmul- 
gee, but as now may be seen by the map Okmulgee is 
situated on an important branch of the 'Frisco and with 
the undoubted assurance of another road crossing at this 
point from east to west thus making her railroad facili- 
ties very favorable indeed. The growth of this town in 
the last year has been almost phenomenal and as yet 
has only begun. Many of her stores in various lines 
would be a credit to a city much more pretentious. Her 
business men backed by capital and good judgment and 
thoroughly imbued with the provincial Western spirit 
of progress and development will spare no effort or 
money to meet the requirements of her people. 

Okmulgee is not, as many might suppose of a town 
upon the "border," given entirely to money-making, but 
she has already organized free schools for the educa- 
tion of her children and has not been forgetful of her peo- 
ple in the matter of churches. To be convinced of the 
great future of this town and its surrounding country 
one has but to go on the ground and see for himself. Of 
the wonderful fertility of the land for farming purposes 
of most every kind and character there can be no doubt. 
Much of the country is underlaid with coal in abun- 
dance. Building stone of the finest quality galore, indi- 
cations of oil and natural gas and other valuable miner- 
als are very encouraging. All in all, Okmulgee is sur- 
rounded by a magnificent expanse of wild and largely 
undeveloped country, but it will be a matter of a very 
short time when it will present quite a different appear- 
ance. The great cattle pastures of wild grass must yield 
to the industrious farmer and be made to bring forth 
products tenfold more valuable; the bowels of the earth, 
through the labor, skill and industry of man, must be 
made to give up her treasures, rich and rare; the long- 
horned, slender, Texas cattle will be replaced by the 
higher grades of short-horn and Hereford ; the razor-back 
Arkansas, mast grown hog, will be supplanted by the 
pure bred stock, and the negro shanty and Indian hut 
will give way to the neat cottage. Then will this coun- 



70 THE INDIAN TERRITORY. 

try prosper and then will our town grow to be a city 
and be a home fit for a king. 

How can the man of business, the capitalist, the la- 
borer, the ingenious mechanic, the profesisonal man 
make a mistake when he casts his lot amid such sur- 
roundings and possibilities? When one knows of the 
richness of the Indian Territory and Oklahoma and 
knows further that the Creek Nation is superior to any- 
thing in the two territories and that that part of the 
Creek Nation tributary to Okmulgee is the very best and 
the scope is so enormous and the resources so many and 
varied and all these, together with the fact that Okmul- 
gee is designated to be, and beyond the peradventure of 
a doubt, will be a county seat, can he conclude other 
than that this town has in store a great future? It is 
no idle dream of a boomer, based upon that which never 
was. The man who invests here his money in property, 
or embarks in business, or pursues any vocation what- 
ever, need not grope his way as if treading on uncer- 
tain ground, but on the contrary may proceed with the 
assurance inspired by conditions and resources that 
cannot fail him. 



THE INDIAN TERRITORY. 71 



EUFAULA, CREEK NATION. 

From time immemorial, or in fact, so long that the 
memory of man runneth not to the contrary, the white 
man has had a hankering after Indian lands, and now 
that the United States by treaty with the Creek Nation 
has made it possible for a white man to own his own 
home and farm upon Creek soil, the home-seeker turns 
his wistful eye upon the fairest domain of all Indian 
lands, the Creek Nation, the garden spot of the beautiful 
the five nations. 

The town of Eufaula, situated on the Missouri, Kan- 
sas and Texas Railway, is a modern, up-to-date town of 
1,500 inhabitants, and located in the very heart of the 
best agricultural section of the Creek Nation, beautifully 
situated upon an elevated plateau overlooking the val- 
leys of the two Canadian Rivers, it sees the two great 
rivers join their waters five miles to the eastward; the 
South Canadian, four miles to the south, and the North 
Canadian, two miles to the north, gradually diverging 
from each other as they are traced westward toward 
their head waters. 

Between these two rivers is a body of agricultural 
land from eight to twenty-five miles wide from north to 
south, by forty miles long from east to west, that is trib- 
utary to Eufaula and known as Eufaula District. 

The greater part of this section of country is ex- 
ceedingly rich, portions of it producing from a bale to a 
bale and one-half of cotton to the acre and from thirty 
to eighty bushels of corn; the greater portion of the soil 
is black and sandy, although there is a great diversity of 
soil, making it possible to grow any crop known to the 
north temperate zone. 

Fruit of all varieties of finest qualities is grown 
with splendid success, and in the near future this will 
be known as a fruit shipping point. 

The prairie lands lying between the two rivers are 
covered with a heavy growth of grass, making fine pas- 
turage for stock and when put into a state of cultivation 
produce as well as the bottom lands, and both wheat and 
oats can be grown successfully thereon, as well as corn 
and other crops. 



72 THE INDIAN TERRITORY. 

Eufaula, backed by such a country, together with 
her own natural resources, has a future as a city, that is 
rapidly maturing; the greatest abundance of building 
stone of a superior quality lies right at its very door; 
wells of pure, soft water in inexhaustible supply may be 
had at a. depth of from twelve to thirty feet. A good 
quality of brick clay is to be found here and the brick 
turned out from the yard here is as good brick as is 
found anywhere. 

With its high elevation, it is given a natural drain- 
age, so that no stagnant water accumulates in its bor- 
ders, and makes it one of the most healthful places in the 
Territory. 

Its school and church edifices are the proud boast 
of its citizens, and are an attraction that appeal most 
strongly to the home-seeker, and have already been the 
means of bringing man}' desirable citizens to Eufaula. 

It is one of the few towns of the Territory that has 
free schools, having good, substantial stone free school 
buildings both for the white and colored children. 

Eufaula is also known by the traveling public as 
being the best and most- substantially built town of its 
size in the Territory, having two of the largest mercan- 
tile establishments in either Indiai Territory or Okla- 
homa, a fifty-thousand-dollar oil mill, four gins, a three- 
story press-brick hotel, two national banks, four of the 
largest and best equipped drug stores, a planing mill 
and many other industries and lines of business, all in a 
prosperous and growing condition. 

Eufaula is strictly homegrown, no foreign capital or 
meteoric flashes or booms have figured in its up-build- 
ing. A slow but sure and steady growth has marked its 
progress, and placed it upon a safe and sure foundation; 
its wealth has been drawn from its native resources, and 
the country that has furnished it its prosperity in tin 4 
past is but in its infancy so far as development is con- 
cerned, and when fully developed will make and sup- 
port a city of the first class. 

Many towns have built far in advance of the sur- 
rounding country; this brings about business stagnation. 
The country around Eufaula has kept apace with the 
business progress of the town, which gives a healthy 
lone and condition to all enterprises, and to the end that 
this condition may continue, the people of Eufaula ex- 
tend a welcoming hand to every honest, industrious farm- 



THE INDIAN TERRITORY. 73 

er and pledge to him their earnest co-operation in se- 
curing him plenty of good land adjoining Eufaula, there 
being only about one-twentieth of the land in cultiva- 
tion, and all or the greater portion being rich and sub- 
ject to cultivation. No better inducement can be offered 
to the farming classes than right here around Eufaula. 

The business men of Eufaula are all young men, full 
of thrift and industry and a business ability that places 
them in the f* a ont rank of the business men of the Ter- 
ritory; they all came to Eufaula without capital and by 
steady licks, aided by the excellent opportunities offered 
by the rich agricultural country, have built up magnifi- 
cent businesses and built and furnished and stocked 
some of the best stores in the Territory. 

"What man has done, man can do." Come to Eu- 
faula and join hands with us and assist with your energy 
and capital in making Eufaula the City of the Indian 
Territory. 



74 THE INDIAN TERRITORY 



WAGONER, CREEK NATION. 

The Wagoner Commercial Club, an organization 
composed of the leading business and professional men 
of the town of Wagoner, Ind. Ter., beg to call the atten- 
tion of the reader to just a few facts briefly stated con- 
cerning one of the best towns in the Indian Territory. 

Wagoner, the youngest town of its size in the coun- 
try, was the first to be incorporated as a town with a 
full quota of city officers, a police system, and was the 
first town in the Indian Territory to organize and main- 
tain by taxation a complete system of free public 
schools, which schools would be a credit to many a town 
in our neighboring States of twice our size. 

Wagoner has a population of over three thousand 
live, progressive people, who are all engaged in some of 
the various pursuits of life, and whatever is done for 
Wagoner is done by and for the people as a whole, and 
not by any one or any set of individuals. She has re- 
ceived no outside assistance in the way of capital or 
patronage. What she is has been made by Wagoner 
people wholly. 

Wagoner is so located geographically, at the junc- 
tion of two of the foremost railroads in the Territory, 
the M., K. & T. R. R. and the Mo. Pac. R. R., as to prac- 
tically insure the location here of the largest jobbing 
and manufacturing establishments in this section. There 
is not a town in the whole Territory that enjoys the ex- 
cellent railroad facilities that Wagoner is provided 
with. 

Two large wholesale grocery concerns are already 
located here, three of the largest packing houses of the 
country make this a distributing point for the northern 
part of the Territory. All lines of mercantile business 
are represented.. The retail business in all lines is very 
huge, considering the size of the town and the fact that 
at l he present time not one acre in each one hundred of 
i he finest agricultural land the sun ever shone on sur- 
rounding Hi is town is in cultivation. Being easy of ac- 
cess and a ready market for crops of all kinds the town's 
outside trade is drawn from an unusual distance in 
every direction. 



THE INDIAN TERRITORY. 75 

Two banks, the First National and the Bank of 
Wagoner, provide banking facilities equal to those of 
towns ten times the size of this. 

The town is lighted by electricity and within a very 
few months will be watered by pure water from the fa- 
mous Grand River, the head waters of which rise in the 
mountains of Southwest Missouri. 

A local telephone system, with nearly two hundred 
subscribers, is in operation, and through the medium of 
the long-distance telephone Wagoner is in closest touch 
with the outside world. 

In addition to thirteen general merchandise con- 
cerns, ten grocery stores, four exclusive dry goods stores, 
one jewelry store, five drug stores, four hardware stores 
and a hundred or more various enterprises, the town has 
a large brick factory, a first-class ice plant, three cotton 
gins, one of the largest flour mills in the Territory, steam 
laundry, cigar factories, six churches, various benevolent 
organizations, the Central College, the largest hotel in 
the Indian Territory. 

Business and residence property is as low as it ever 
will be in Wagoner. It is low enough in price for pur- 
poses of speculation, investment and practical use. We 
know it because all rental property is netting from fif- 
ten per cent up, more than a good rate of interest on the 
money invested. It don't cost much to carry property 
in Wagoner, and the conditions are most favorable for 
a substantial and certain advance. Now is the time to 
get in on the ground floor. There are no vacant store 
buildings or residences except as new ones are built, and 
several of both classes are in course of construction at 
the present time. The people are doing their best to 
supply the demand. 

Wagoner is the coming big city of the Indian Terri- 
tory beyond a shadow of a doubt. Its superior location, 
its natural advantages over all, the wonderful strides in 
the development of the surrounding country, in business, 
manufactures, and railroad facilities, which are inevit- 
able, together with its educational and social advan- 
tages, betoken its future metropolitan proportions. 

For any information concerning any points not cov- 
ered in this article address the Commercial Club, and all 
communications will receive prompt reply. 



76 THE INDIAN TERRITORY. 



HOLDENVILLE, CREEK NATION, 

Holdenville is situated on a beautiful elevation of 
rolling prairie that forms the divide of the North and 
South Canadian River in the southwestern part of the 
Creek Nation, at the junction of the Choctaw, Oklahoma 
and Gulf Railroad and the 'Frisco system. The drain- 
age is almost perfect, nothing to create malaria. The 
city was incorporated under the Arkansas laws in 1899 
with T. J. Red as first Mayor. Since which time law has 
prevailed. The town is remarkably peaceable, with but 
very little need of police regulation. 

" On July 15, 1896, the officials of the Choctaw Rail- 
road surveyed and platted a half mile square for the 
town of Holdenville on the land belonging to John A. 
Jacobs, a very progressive and intelligent Creek Indian, 
who has been an important factor in building up the 
city. It is forty-four miles from South McAlester on the 
east and seventy miles from Oklahoma City on the west. 
Holdenville is a growing city. The population has more 
than doubled within the last year, which is estimated at 
about two thousand souls. It has unusually good rail- 
road transportation facilities, and it is brought into close 
communication with all points north, east, south and 
west. Being situated midway between the North and 
South, it is as free from the blizzards of the one as the 
sultry oppressiveness of the other. The town is blessed 
with an abundant supply of good, cool water, a genial, 
balmy, salubrious climate worthy of an Italian sky. 

In point of commercial importance, Holdenville 
ranks second to none. We have two wholesale grocery 
si ores, telephone system connecting us with the great 
cities of the East, ice factory, broom factory, three splen- 
did cotton gins, two steam laundries and many other 
minor factories. A cotton mill is one of the possibilities 
in the near future 1 . Our business houses are mostly of 
cut stone. The First National Bank has recently com- 
pleted a building of cut stone that is a marvel of beauty 
and cost ten thousand dollars, and while incorporated 
with a capital of fifty thousand dollars is the father of 
four other national banks. It has almost unlimited cap- 
ital, and its deposits are on an average about fl75,000. 



THE INDIAN TERRITORY. 77 

Another solid and substantial banking institution is 
the National Bank of Holdenville, owned by men and 
women of large capital and public enterprise. This bank 
is second to none in importance and financial backing. 
Its deposits are heavy. 

The city has a good system of public schools and a 
business college well patronized. There are three 
churches, M. E. Church South, M. E. Church and Baptist. 
The people are industrious, sociable and law-abiding. 
Among the secret organizations are the Masonic, I. O. 
O. F., K. of P., A. O. U. W., Modern Woodmen, Woodmen 
of the World, O. E. S. and some others, all of which have 
large and flourishing memberships. 

Holdenville is located in the heart of a vast coal 
field, also gas and oil fields. It has fine building material 
used as fast as men and money can put it into structures, 
some being three stories, one of which is the Hotel 
Scott, built and furnished at a cost of about thirty thou- 
sand dollars. It is most conveniently arranged, the 
rooms being large and airy and the tables loaded with 
everything the market will afford and managed by ex- 
perienced hotel people. 

Among our substantial business firms may be men- 
tioned the firm of Walker & Moore, who represent R. G. 
Dun & Co., the Trisco system, City Attorneys and are 
the legal advisers of all the large cattle firms in this 
section. The Lowe, Jacobs & Lowe Real Estate, Loan 
and Insurance Co. is composed of reliable and trustwor- 
thy gentlemen, who are always anxious to answer all 
inquiries about the country. They have many valuable 
farms for sale and lease; also city property for sale. 
The Holdenville Real Estate and Loan Co., composed 
of Dixon and McConnell, are reliable and industrious. 
They represent several insurance companies and are do- 
ing a large loaning business. They are agents for many 
farms on which valuable leases can be had. Mr. D. W. 
Kelker is one of the first settlers in the city. In fact he 
was the first to build houses in the city and has a great 
deal of real estate which he is preparing to put on the 
market. He is reliable and takes pleasure in answering 
correspondents. 

The farm lands surrounding Holdenville are very 
fertile, producing corn, cotton, wheat, oats, Irish and 
sweet potatoes, and all the fruits grown in the middle 
the southern climates, including apples, peaches, melons 



78 THE INDIAN TERRITORY. 

and all the small fruits. The finest peaches and apples 
grow here in abundance, and the climate seems specially 
adapted to their perfect growth and development, and 
to the entire category of garden vegetables. We are 
tributary to the North Canadian, South Canadian, Ne- 
wakee Creek and Little River, the bottoms of which are 
as fertile as any bottom land in the country. For many 
years the cattlemen have held full sway over this "gar- 
den spot of the United States. " Many people have grown 
immensely wealthy from the use of the grass grown on 
the soil of the Indian country, but farms are now being 
opened up in all directions and the cattle barons will 
gradually give way to the small tiller of the soil. Men 
of ordinary means, but of sufficient amount to purchase 
a small farm, build houses and put the land in cultiva- 
tion are flocking to this country in vast numbers. Hol- 
denville in consequence will be a Mecca for the business 
man, the mechanic, the lawyer, the doctor, the laboring 
man and in fact all lines of trade and professions. 



THE INDIAN TERRITORY. 79 



TULSA, CREEK NATION. , 

Tulsa, named in honor of a prominent Creek Indian, 
is one of the most prosperous and beautiful cities in the 
Territory, with a population of 2,276 people. Its location 
is simply ideal, being situated on high, rolling ground 
overlooking the Arkansas River from the east, beauti- 
fully skirted with timber on the river front and well 
supplied with shade trees. With good soil and good 
water no more attractive situation could be found on 
which to build the coming metropolis of the Southwest. 

The country surrounding this growing town is in 




St.. Teresa Institute. Tulsa, Ind. Ter. 

keeping with the location. There are large/fertile val- 
leys extending up and down the Arkansas River for a 
distance of from thirty to forty miles, and their richness 
and adaptability to a variety of crops has earned for 
them a distinction in the great Arkansas Valley. Reach- 
ing out from these rich bottoms is a vast expanse of 
gently undulating prairie lands, conveniently traversed 
by small streams, which not only furnish an abundance 
of stock water, but as well a good drainage for the lands, 
and for this, as well as many other reasons, the locality 
is noted for its healthfulness as well as its prosperity. 
Tulsa is located sixty-five miles west of Vinita, Ind. 
Ter. ? and 117 miles east of Oklahoma City, Okla., on the 



80 



THE INDIAN TERRITORY. 




THE INDIAN TERRITORY. 



81 



wr-^-wr r t i 





Fred E, Turner's Building. Tulsa. Ind. Ter. 

St. Louis and San Francisco Railroad, at present her 
only; means of transportation, but the A. T. & S. F. 
R. R. Co. now has a line completed from the north to 
within twelve miles of Tulsa, and this line will, without 
doubt, be built into the city in the near future. 

Tulsa includes among her articles of commerce cat- 
tle, hogs, hay, cotton, wheat, oats, corn and potatoes, 
and the size of her shipments is revealed when it is 
known that the sum of $83,966 was paid to the St. L. & 
S. F. R, R. Co. for freights forwarded last year, $123,999 
for freights received and nearly $10,000 for passenger 




(6) 



Rea-Read Mill and Elevator Co., Tulsa, Ind Ter. 



82 



THE INDIAN TERRITORY. 




Tulsa Oil and Gas Co's Works, Tulsa, Ind. Ter. 




ogee Oil \\\><;\h Works, Tulsa, Ind. Ter. 



THE INDIAN TERRITORY. 83 

transportation, the gross receipts of the company for the 
year being f 228,000. 

The city has two large flouring mills, the plant of 
the Tulsa Milling Company, having a capacity of one 
hundred barrels per day, and that of the Rea-Read Mill 
and Elevator Co., being two hundred barrels per day. 
Both these companies have large store elevators for 
grain, and in addition the Brinso-Judd Grain Company 
has a complete and finely equipped elevator situated 
here. 

Tulsa's banking facilities are looked after by the 
First National Bank, capital |50,000, and the City Na- 
tional Bank, capital $25,000. A first-class opera-house, 




Tulsa Milling Co.. Tulsa, Ind. Ter. 

with a seating capacity of five hundred, furnishes a va- 
riety of amusements during the theatrical season. Three 
hotels, two brick plants, a new ice plant, the 
Indianola Telephone Company's new and complete sys- 
tem, a new and modern cotton gin and numerous large 
mercantile establishments all lend an air of prosperity 
to the city. 

Tulsa has seven churches and two newspapers, and 
all the principal secret societies are well represented, 
and a good system of graded public schools has placed 
her in the lead in respect to educational facilities. St. 
Teresa Institute, a Catholic institution, also has a large 
patronage. 



THE INDIAN TERRITORY. 




Union Bridge Co's Bridge 
Across Arkansas River Between Tulsa and Red Fork 




Red Pork Gusher Shooting, June 39, 1901. 



THE INDIAN TERRITORY. 85 

With well-graded streets, conveniently situated as 
to fuel and water supplies, with an abundance of fine 
building stone in close proximity, unexcelled in agri- 
cultural surroundings, with an energetic class of mer- 
chants, an up-to-date commercial club, quick to see busi- 
ness opportunities, Tulsa's future is exceedingly bright. 
But her advantages do not cease here. Eight at her 
door and underlying all of the fine lands between the 
Arkansas River on the west and the Verdigris River on 
the east, are some of the richest coal deposits to be found 
in the Indian Territory. Natural gas of an unusually 
heavy pressure has been discovered sufficient for all 
purposes, and is only awaiting development to become 
one of the richest resources of the city. A flowing well 
of oil has just been struck about three miles west of the 
city, the quality of which, for illuminating purposes, is 
pronounced by experts to be equal to the best eastern 
petroleums. 

At the above point, Red Fork, a suburb of Tulsa, and 
at present the real oil center, is a scene of constant 
activity. With two producing oil wells, natural gas, 
heavy coal beds from thirty to sixty inches in thickness, 
fire-clays, brick-clays and shales, plenty of timber and 
water, surrounded by a fine agricultural country, the 
place bids fair for the future. Two drills are now ac- 
tively at work prospecting and the following companies 
are on the ground for development, the Red Fork Press- 
ed and Vitrified Brick Company, the Red Fork Oil and 
Gas Company, the Phoenix Oil and Gas Company, the 
Oklahoma, Creek and Choctaw Mineral and Development 
Company and the Arkansas River Cement and Lime 
Company. 

Three strong companies have been organized and 
are on the ground to develop and utilize the oil and gas 
deposits of Tulsa. These companies, whose main offices 
are all at Tulsa, are the Tulsa Oil and Mining Company 
(incorporated), capital stock f 150,000; the Frisco Oil 
and Gas Company, capital stock f 150,000; the Logee 
Oil and Gas Co., capital stock $500,000. Numerous pros- 
pectors and investors are in the field securing leases 
and land-holdings. They represent large eastern syndi- 
cates and capitalized interests, and only a short space 
of time will be required to make Tulsa the center of one 
of the richest coal, oil and gas producing districts in 
the United States, and her close proximity to the large 



86 THE INDIAN TERRITORY. 

deposits of lead and zinc .found in Southwestern Mis- 
souri, taken into consideration, will ultimately make of 
her the smelting, refining and manufacturing center of 
the Southwest. 

A live commercial club is ready at all times to 
supply more detailed information concerning Tulsa and 
her surroundings upon request. 



THE INDIAN TERRITORY. 87 



MUSKOGEE, CREEK NATION. 

Muskogee is a Creek Indian name taken from a tribe 
of Indians said to have originated in South America, who 
many years ago was settled in this Territory by the 
United States Government, known, then, as now, as one 
of the five civilized tribes. 

But its name Muskogee is the only distinctively In- 
dian feature of the town, for, from its earliest infancy, 
it was called by the red man himself, the white man's 
town. 

The significance of this fact may not be apparent to 
the casual reader, but it will appear very important to 
the future historian of this country concerning its devel- 
opment; for to him a student and a close obeserver of 
the minor details that have any bearing whatever on a 
country's growth and progress, it will mean that Musko- 
gee was one of the first towns in the Territory to foster- 
any and everything pertaining to a higher class* of citi- 
zenship. 

The earliest settlers of this town were peaceful, law- 
abiding, industrious, frugal men and women, and its 
churches and schools still existing, were established 
by God-fearing and exemplary people, who were so far- 
seeing and self-sacrificing, that any one can read as they 
run, the results of such laudable efforts, as these pio- 
neers put forth, each in his or her own way in Muskogee's 
early years. 

For Muskogee now may justly be termed the Athens 
of the Twin Territories. 

Its churches, its schools and its cultured and refined 
citizens justify the pseudonym. 

Even its colored population has been swept along 
in the wake of these civilized and refining influ- 
ences, for they too, like the white people here have better 
churches and schools, and are very much more deserving 
and law-abiding than the average Territory people are 
usually expected to be. 

In a financial way, Muskogee is one of the strongest 
towns in the Indian Territory. Its commercial develop- 
ment has been in keeping with its moral and social 



88 THE INDIAN TERRITORY. 

growth. Some of its firms would be a credit to any city, 
both as to the volume of business transacted, and the 
amount and class of commodities handled. Visitors are 
always agreeably surprised to see the stocks that some 
of the larger merchants have on hand, consisting of the 
newest, most up-to-date goods in all lines. 

There are two prosperous banks, and a Territory 
Trust and Surety Company, destined to transact an enor- 
mous amount of business, for they will be so well quali- 
fied to handle any and everything entrusted to their 
keeping. 

The Muskogee Development Company, composed of 
some of the most thorough and competent financiers of 
the city, has really proven to be a public benefactor to 
thousands of people. 

The electric light plant is large enough to meet the 
growing demands of a fast growing town, and the tele- 
phone company has long distance connections that are 
very much needed in a town of this size and importance, 
and by next May an abundant supply of water, pure and 
soft, will be furnished the people, along with a complete, 
up-to-date sewerage system. 

The acquisition of an adequate water supply will 
make Muskogee one of the most delightful of places to 
reside in, for the dust is considered the greatest objec- 
tionable feature, and next May-day has been decided upon 
as the day to celebrate the completion of these water- 
works, and we predict, that the lawns and gardens, to 
say nothing of the shade trees, will transform Muskogee 
into an oasis under such favorable irrigation as has been 
guaranteed her by the foremost citizens and Mayor of 
Muskogee. 

The United States Court is held here and a number 
of men of the finest legal talent reside here. Some of the 
resident physicians have 1 more than a local reputation, 
and the community is honored to have among them such 
competent and skillful practitioners. Many patients come 
from all parts of the Territory and a few from the States 
to l)e 1 rented by them. 

Every school in ils midst is well equipped and in- 
structed by competent and well qualified teachers, and 
few towns, even in the States of the same number of in- 
habitarits, can boa's! of such handsome and comfortable 
school buildings. Spaulding Institute, Henry Kendell, 
Baptist Bacone University, Sisters of Saint Joseph 



THE INDIAN TERRITORY. 89 

School and the Brothers' College, as well as Colored Ed- 
ward's College, together with free schools, make Musko- 
gee the educational center of the Territory. 

Muskogee is the headquarters of the Department of 
the Interior, through which the entire affairs of the In- 
dians are handled, it being represented here by the Com- 
mission to the Five Civilized Tribes, the Indian Inspector 
and the Indian Agent. It has a population at this time 
of about 6,000, and it will undoubtedly become the me- 
tropolis and commercial center of the Territory. 



SO THE INDIAN TERRITORY. 



MADILL, CHICKASAW NATION. 



Madill, Chickasaw Nation, is one of the new towns 
on the St. Louis and San Francisco Railway, and is sit- 
uated in the center of the only blackland belt of prairie 
in the Indian Territory, which prairie is thirty miles 
east and and west by about twenty miles north and 
south, dotted by small groves of native timber sufficient 
for firewood, fence-posts and the like. This prairie is 
traversed by many creeks and small streams, and is 
bounded on the north by the Washita River, which, 
making a bend to the south, bounds it also on the east, 
and on the south it is bounded by Red River, thus giv- 
ing the town many miles of river front. This rich black- 
land is similar to the rich black, waxy land of Texas, 
and on it are raised various crops, including a high 
grade of cotton, corn, wheat and oats, and so productive 
is the soil that, although only a small per cent of the 
land is in cultivation, this part of the country has be- 
come justly famous as a great agricultural country. 
This prairie country yields from fifty to seventy-five 
bushels of corn per acre, and from one to one and one- 
half bales of cotton. There are yet thousands of acres 
surrounding Madill of as fine a soil as the sun ever 
looked down upon, yet to be touched by the plow. There 
has never been a total failure of crops, and this season, 
although the drouth throughout the South and West 
was unprecedented, there is fully a three-fourths crop in 
this section of both corn and cotton. In fact and in 
short, the tract of country surrounding Madill may be 
justly, correctly and accurately designated as the Gar- 
don Spot of the World. 

Subterranean streams of pure, wholesome, soft 
water are reached within thirty feet of the surface in 
most all parts of this fertile region. 

Madill is located thirty-five miles northwest of Den- 
nison. Tex., twenty miles north of Red River, thirty miles 
oast of Ardmore, Ind. Ter., forty miles south of Roff, 
thirty-five miles west of Durant, these being her com- 
petitive towns, thus giving Madill a very large and fer- 
tile agricultural country immediately tributarv to it. 



THE INDIAN TERRITORY. 91 

Madill is so situated in Pickens County, Chickasaw 
Nation, that it has heretofore been designated, by a bill 
introduced in Congress, as the county seat of that coun- 
ty. It will also be the junction point of the Red River 
Division of the Frisco and the Arkansas and Choctaw 
Railroads, the former 'a north and south and the latter 
an east and west road. The Arkansas and Choctaw will 
make Madill its division point between Texarkana, its 
eastern terminus in Arkansas, and Wichita Falls, its 
western terminus in Texas, establishing here its repair 
shops and round-house. The contract for the entire 226 
miles of this road was let the latter part of August, 
1901, to Johnson Bros. & Faught, and work is now under 
headway, two thousand men and teams being employed. 

Madill is also equi-distant from Sapulpa, the north 
end of the Red River Division of the Frisco, and Fort 
Worth, Tex., the south end, and it is understood to be 
the intention of that company also to locate here its 
round-houses and repair shops. Madill, therefore, in ad- 
dition to its natural advantages, will be a railroad center 
of magnitude. 

The history of Madill, with its marvelous and won- 
derful growth, reminds one of the tales of the Arabian 
Nights, or of magic cities built in a night. One year ago 
the site of the present town was a part of a large pas- 
ture on which was to be seen naught but the hundreds 
and thousands of cattle that roamed thereon, feeding 
upon the rich green grass that grew beneath their feet; 
the little wild flowers that raised their heads toward 
the bright sun above; the trails of the cattle leading to 
the refreshing water hid among the woods, and the si- 
lence was only broken by the lowing of the cattle and 
the sweet songs of the birds among the trees. But the 
railroad came, and to-day, instead of the slow tread of 
the grazing cattle, there is the hurrying footsteps of 
busy men; instead of the wild flower there is reared 
toward the heavens many large and beautiful buildings; 
instead of the old trails there are many wide and conven- 
ient streets leading to all parts of a rapidly growing 
city; and the music of the song-bird is mingled with the 
sweet strains of the piano. 

Madill was laid off by W. N. Taliaferro, a Choctaw 
citizen and cattleman, who has lived on and had pos- 
session of the land in Madill and the immediate vicinity 
for the past thirteen years. The town site has been ap- 



92 THE INDIAN TERRITORY. 

proved by the Government of the United States, and the 
possession of lots is acquired and held the same as in any 
other town of the Indian Territory. 

Owing to the delay of the railroad in reaching the 
town there was not much done in the way of building 
until after the month of January, 1901, as the lumber and 
other necessary material could not be gotten at any 
point nearer than Denison, Tex., thirty-five miles dis- 
tant. But since the completion of the railroad Madill 
has had a most marvelous and wonderful growth, there 
having been erected about twenty-five good and substan- 
tial stone and brick business buildings, mostly two sto- 
ries in height, in which are located about thirty-five bus- 
iness firms, and, in the upper stories, office rooms. There 
are also about fifty frame business buildings. 

Madill has one large sixty-ton cotton oil mill, cost- 
ing |8o,000, which was finished this year and made a 
five weeks' run. There are two banks. One, the First 
National Bank of Madill, of which Mr. F. R. Hedrick is 
cashier, has been doing business since the first of the 
year. They have one of the handsomest two-story press- 
ed brick buildings to be found in the Territory, and one 
which would be a credit to any city in the States. The 
other bank, of which Mr. J. AY. Greer is cashier, will be 
located in the Lazarus Building, which is also a splendid, 
two-story, pressed brick building. Of the other pressed 
brick buildings on the square, of which mention should 
be made, is that of Mr. Taliaferro. It is a handsome 
two-story building, fifty-seven by one hundred and fifty 
feet, located on the corner of the square, as are the 
other two mentioned, and contains four large and com- 
modious business rooms on the first floor and twenty 
office rooms above. Among the other business firms are 
two wholesale grocery establishments, one of which is 
that of A. Kloski, of Ardmore, of which Mr. W. G. Doak 
is manager, a wholesale feed store, a wholesale dry goods 
house, a wholesale hardware store, two gins, one of 
wliich is a splendid J15;00O plant, several large mercan- 
tile funis of all lines, bottling works, four lumber yards, 
good hotels, of which the Hampton House is one of the 
best, being patronized very largely by the traveling 
pnblic and commercial men. Among tlu» professional 
men are tlie law firms of Super & Rider, C. M. Crowel 
and Hensliaw & Ilensliaw. 



THE INDIAN TERRITORY. 93 

The residence portion of the town is being pushed 
with all possible dispatch. The population is now about 
two thousand. 

Madill can claim more capital invested than any 
new town on the Frisco road, and it has more good, sub- 
stantial, financially responsible business men, many of 
whom haye built their own business houses, thereby 
showing their confidence in the future of the town and 
the permanency of their location. 

From the central location of the town as aboye set 
forth, with from fifteen to twenty miles of territory on 
either side, and being the prospective county seat of 
Pickens County, it is by nature one of the best towns 
in the Indian Territory. Being the junction of the above- 
named railroads renders it a highly favorable shipping 
point and an excellent cotton market. 

The surrounding country has produced in the past 
from 30,000 to 40,000 bales of cotton, which has formerly 
been hauled a great distance to market. This year Ma- 
dill will market the greater portion of this cotton it- 
self, there being now located here several good buy- 
ers. 

The country roads leading to and from Madill pene- 
trate the rolling prairie above described, and, by nature, 
are the best roads leading to and from any town in 
the Territory, there being no hills of any consequence 
•to go up or down. 

Madill is also situated, financially speaking, in the 
wealthiest portion of the Chickasaw Nation. The people 
who are making it their home are. as above mentioned, 
a substantial and well-to-do class, from all parts of the 
United States. 

Unlike other towns. Madill has not been pushed 
by a regular town site boomer, but the possession of 
lots has been quietly obtained from W. N. Taliaferro, 
a conservative, cautious business man. at probably the 
highest price paid for lots in any of the new towns of 
the Southwest. 

^ Mr. Taliaferro, who is a reserved promoter, desired 
the town to start out with reputable and substantial 
business men, and that it should have a natural and 
steady growth which would bring success both to the 
town and to those making investments therein. He also 
knew that the splendid location of the town, situated, 
as it is, in the heart of the rich and fertile black land of 



94 THE INDIAN TERRITORY. 

the Chickasaw Nation, spoke for itself and needed no 
fluent tongue to convince prospectors of its great future; 
and his chief argument, in the sale of lots, has been to 
ask the prospector to drive through the surrounding 
country, to look on the map and see the central loca- 
tion of the town, and then decide the future of Madill 
for himself. 

There is not a shadow of doubt that Madill is lo- 
cated in an oil region. In many of the wells in one part 
of the town the oil is in such great quantities in the 
water that the people can not drink it. In the other por- 
tions of the town, however, the water is as wholesome 
as any to be found in the Indian Territory or elsewhere. 
At the oil mill a well was dug which went through a vein 
of regular black oil, pronounced by some to be asphalt 
and by others as petroleum. 

Capable and efficient school teachers have been se- 
cured, and for the school year of 1001-1902 Madill will 
have a school which will be the equal of any town of its 
size in the Indian Territory, thus adding to its list of 
benefits one of the prime requisites of a good town. 

The different churches are represented. The Bap- 
tists have almost completed their house of worship, and 
the Methodists will build this fall. 

There is also being put in a telephone exchange. 

To those desiring investment in the great Indian 
Territory, we would advise that this little city be given 
a visit and the above set forth advantages investigated. 



THE INDIAN TERRITORY. 95 



ROFF, CHICKASAW NATION. 



One of the most beautiful town sites in the Indian 
Territory is on Sections 23 and 24, in Township 2 north, 
of Kange 4 east, in the Chickasaw Nation, where the 
incorporated town of Roff, with nearly two thousand 
population, is located. In the spring of 1900 this was 
occupied by but one house. About this time a corps of 
St. Louis and San Francisco Railroad engineers sur- 
veyed its line through the present city and Roff saw its 
first train on December 31, 1900. Eighteen years ago 
the land on which Roff now stands was open prairie, 
without a house within a radius of ten miles, but the 
luxuriant grass and the abundant water supply attracted 
to that particular locality the cattlemen, who took thou- 
sands of cattle there to feed upon the pastures and put 
them in condition for the market. 

In the spring of 1883 a stock ranch was located 
where Roff is now built. It was not destined, however, 
to be a ranch, but a thriving, growing town, that will 
make one of the future cities of the Indian Territory. 
In the fall of 1889 the people began to discover the ad- 
vantages this section of the country had over other 
localities, especially as to the excellent water, fine 
range, the quality of soil and the high altitude, it being 
nearly 1,500 feet above the sea level. 

Shortly after this the farmers took possession of 
the country, under leases from the Indians, and in 1890 
there was quite a settlement on the Big Blue river, 
which heads at Roff, and was known as the Roff 
ranch. 

The Post-office was established in July, with Joe 
Roff, the present mayor, as postmaster. 

The old town of Roff was established and com 
prised some four hundred people in 1890. 

With the coming of the railroad survey the people 
of Roff took a new lease of life ; everyone became active 
and determined to make Roff a city second to none in 
the Territory; a new site was selected just south of the 
old town site and the first building was erected thereon 
in May, 1900; immediately thereafter new business houses 



96 THE INDIAN TERRITORY. 

and dwellings sprang up everywhere with a vim and 
push that indicated much that has since then been ac- 
complished. 

Roff now has nearly two thousand inhabitants, 
forty business houses, two banks, three hotels, several 
restaurants, three churches completed, while the Catho- 
lic and Christian churches are preparing to build at 
once. 

It has all the elements and advantages needed to 
make a city; it is surrounded by the finest agricultural 
country in the South, and a failure of crops has never 
been known. This year's corn crop, because of the un- 
precedented dry weather all over the country, is the 
shortest they have ever had. The supply of corn is, 
however, sufficient for all local purposes. 

To compensate the people for the shortage in corn, 
the cotton crop is of unusual quality and excellence. 

The greater portion of the country adjacent to Roff 
is settled up by an industrious, intelligent, moral class 
of people; the country, however, affords openings for 
thousands of people; fertile lands can be acquired at 
small rentals; proper cultivation brings forth abundant 
crops, and diversified farming is extensively followed. 

The mineral resources of the country are yet unde- 
veloped, but investigation gives assurance that the same 
are rich and only await proper working to yield hand- 
some profits. The immediate land around Roff affords 
the finest quality of building stone, and mineral springs 
give forth water equal to that produced by the famous 
Sulphur Springs of Virginia. 

With all its natural advantages and the hustle, push 
and enterprise of its people, there is no reason why it 
should nol become the Queen City of the Indian Terri- 
tory. 

When Congress gives the Territory territorial gov- 
ernment, which if must do in the near future, and county 
scats are established, it is certain that Roff will be made 
a county scat. 

One of the host national schools of the Chickasaw 
Nation is located at Roff and is under (he supervision of 
Prof. 0. -I. Moore. The nation has a commodious build* 
iiiLi ;it this place ami supports the school liberally. Some 
of the most prominent ChickasawS have purchased prop; 
city in the city and have moved their families there to 
gel the benefits of* this school, which is in session ten 



THE INDIAN TERRITORY. 97 

months during the year. This school costs the nation 
and its patrons f 10,000 annually. 

The private schools of Roff are in a prosperous con- 
dition, something over two hundred and fifty students 
attending these schools during the last scholastic 3^eai\ 

A block for a public school building has been se- 
cured and in a short time the educational advantages of 
Roff will be far in advance of any town on the Frisco in 
the Territory. 

The telephone interests are ably represented by Mr. 
F. D. Hummer, who recently moved here from Wash- 
ington, D. C, and is now engaged in the construction of 
the Arkansas Valley Telephone Company, a copper me- 
talic toll line from Stroud, O. T., to Denison, Tex., via 
Sapulpa and Holdenville, and from Shawnee, O. T., to 
South McAlester, Ind. Ter., via Holdenville, connecting 
by long distance telephone the States of Kansas, Mis- 
souri and Texas and Oklahoma and Indian Territories. 

Mr. Hummer is a representative, public-spirited 
man, and is for Roff, first, last and at all times ; is a large 
property holder and an enterprising citizen. 

Among the f> rorQ i neil t men w ho have helped build 
Roff, M. L. Trout is deserving of special mention. He 
has, perhaps, done more than any one man in Roff to 
further the interests of the city. Mr. Trout is a typical 
* Western business man, a large cattle owner, proprie- 
tor of the Roff Grain and Elevator Company, extensive 
wholesale dealers in feed and produce, owner of the 
Trout Hotel, besides being interested in numerous busi- 
ness enterprises, and every move having a tendency to 
improve Roff and the surrounding country. 

An institution of which the city of Roff is justly 
proud is the First National Bank, which was established 
in June, 1900, and occupied the first building erected on 
the present town site. It now occupies a two-story stone 
building, which is one of the most complete and hand- 
somest bank buildings in the Indian Territory. The offi- 
cers are: E. D. Nims, President; Lorenz Rodke, Vice- 
President; C. S. Hudson, Cashier. The Board of Direct- 
ors is composed of the best business men of Roff. Its 
growth has been steady but constant, and it is at this 
time recognized as one of the most substantial banking- 
institutions in the Chickasaw Nation. 

Hon. Ulysses G. Winn is one of Roff's prominent 
attorneys, he having resigned the United States Com- 

(7) 



98 THE INDIAN TERRITORY. 

missionership to care for his law practice, which has be- 
come extensive. Mr. Winn is also a leading politician in 
the Territory. He is loud in his praise of Rolf as a court 
center and is sure it will become the metropolis of the 
Chickasaw Nation. 

The Roff Oil and Cotton Company was organized in 
the spring of 1900, under the name of the Texas and In- 
dian Territory Oil and Cotton Company, by parties from 
Sherman, Tex., with Mr. N. B. Birge, President; Dr. 
John Grant, Vice-President, and Mr. J. A. Standfield, 
Secretary and Treasurer. While the plant is under the 
same management the name has been changed to the 
Roff Oil and Cotton Company to distinguish it from 
other plants owned by the same company elsewhere. The 
mill is equipped with the latest improved oil mill machin- 
ery and has a daily capacity of eighty tons. It also has in 
connection a four seventy-saw Munger gin plant. The en- 
tire plant has electric lights throughout, and the water 
supply is abundantly sufficient to furnish water for 
all emergencies. W. B. Crowder is the Roff manager. 
The capital stock of the company is f 75,000. They em- 
ploy thirty-five men and have a pay-roll of f 1,200 a month. 



THE INDIAN TERRITORY. 99 



SOUTH McALESTER, CHOCTAW NATION, 



South McAlester, an incorporated city of the first- 
class, the leading banking and commercial center of the 
Choctaw Nation, has for several years been forging to 
the front, and is now recognized as the metropolis of 
the coming State. It is pleasantly situated at the cross- 
ing of the two great trunk lines of railway, the Choctaw, 
Oklahoma and Gulf and the Missouri, Kansas and Texas, 
ninety-six miles north of Denison, Tex., and one hundred 
miles west of Fort Smith, Ark. The city has unusually 
good transportation facilities, and it is brought into 
close communication with all points, North, East, South 
and West. The Santa Fe and other railroads are pro- 
jected and surveyed into South McAlester, and self-in- 
terest will compel them to connect here, thus making 
this one of the greatest railroad centers in the South- 
west. 

The location of the city is high, dry and healthful, 
being situated midway between the North and South, 
it is free from blizzards of the one as the sultry oppres- 
sions of the other. The town is blessed with an abund- 
ant supply of good, cool, free-stone water, a genial, 
balmy, health-giving atmosphere and a climate worthy 
of a Sicilian sky. 

In point of commercial importance South McAlester 
easily ranks first in the Territory. This is clearly indi- 
cated by its immense freight traffic, which far outstrips 
anything in the country between Kansas City and Deni- 
son. The city has a macaroni factory, broom factory. 
foundry, planing mills, cotton compress with a capacity 
of 1,200 bales per day, cotton gin, grist mill, electric 
plant, telephone system, steam laundry and an inexhaus 
tible supply of oil and gas in the vicinity, eight wholesale 
establishments, pressed brick works and a large cotton 
mill is projected and will soon be in successful opera- 
tion. 

South McAlester has a good system of public free 
schools and a college and normal school, under way. A 
modern and well-equipped hospital and training school 
for nurses, ten church organizations representing all the 

LoFC. 



100 THE INDIAN TERRITORY. 

leading denominations, and an industrious, sociable, 
law-abiding people. The leading secret societies are well 
represented and have large and flourishing member- 
ships. The society is good, and as a place of residence 
is nowhere surpassed in the country. The city is only 
ten years old and has a population of about fiye thou- 
sand, which will undoubtedly be doubled within the next 
two years. 

The city is located in the heart of the finest coal- 
mining region in the United States, there being over 
thirty coal mines located within a radius of three miles. 
Such neighboring and dependent towns as Me Al ester, 
Krebs, Cherryyille, Hartshorn and Alderson are all im- 
mense coal mining camps, giving employment to thou- 
sands of men, consuming great quantities of supplies and 
paying out every month tens of thousands of dollars, 
thus contributing wonderfully to the maintenance, 
growth and development of the city. Owing to the 
fine railroad facilities, inexhaustible coal fields, gas and 
oil and cotton supply near at hand South McAlester 
bids fair to become a -leading manufacturing city at no 
distant day. 

Perhaps no city in the United States has such an 
abundant supply of fine building material as South Mc- 
Alester. This material is used as fast as men and money 
can do so, being transformed into large, substantial 
brick and stone structures, some two, three and even 
four-stories high, buildings that would be a credit to 
St. Louis or Kansas City. Scores of elegant, commodi- 
ous private residences are going up on every hand as if 
by magic, thus contributing to the comfort and ease of 
her citizens. 

South McAlester is the great mecca of justice for 
the Indian Territory. It is the one city of the Territory 
thai has a full complement of courts, consisting of a 
Commissioner's Court, United Slates District Court and 
ttie United States Court of Appeals for the Indian Ter- 
ritory, which is the highest court in the country. These 
courts transact a vast amount of civil and criminal busi- 
ness, attract groat numbers of people from all parts of 
the Territory, who come as attorneys, witnesses and liti- 
gants. .Many thousands of dollars are paid out here 
every year by the courts in the administration of jus- 
tice, all of* which goes to the enlargement, growth and 
development of this progressive city. 



THE INDIAN TERRITORY. 101 

Allotment and statehood are now assured facts, 



and as the city is so fortunately situated, located as it is 
within a few miles of the geographical center of the 
Territory, it will very likely be made the capital of the 
new State. Its enviable location, unsurpassed natural 
advantages and wide-awake, progressive, enterprising 
citizens, all combine to assure the future of South Mc- 
Alester, and it is confidently believed that at no distant 
day it will rival in pomp and splendor the first cities of 
the country and will yet be crowned the Queen City of 
the great Southwest. 



102 THE INDIAN TERRITORY. 



VINITA, CHEROKEE NATION. 



A generation ago, or to be more explicit, in the fall 
of 1869, there might have been seen struggling through 
the rank underbrush, or toiling through the tall prairie 
grass, a party of men locating a route for a railroad along 
the line now traversed by the Missouri, Kansas and 
Texas, south of the Kansas line, and headed southward 
toward Texas and the Gulf. It was a fine autumn day in 
the early part of October. The green and gold and 
purple of the leaves of the timber that scantily skirted 
the streams made a pretty picture in the soft, hazy sun- 
shine. The party scrambled up the south bank of Cabin 
creek and strolled leisurely out onto the more elevated 
prairie and struck camp, or rather came up with the 
wagons and the outfit which had preceded them, though 
by a circuitous route, and had gone into camp earlier in 
the afternoon. The gang of men were under instruc- 
tions to locate a station thirty miles or thereabouts from 
the State line; and their record of chain-lengths told 
them that they had about reached the place. The cir- 
cumambient line of timber on the north and east, follow- 
ing the undulations of the stream, and stretching away 
to the southward, the long line of Indian summer clouds 
that melted away before the evening sunset, the mag- 
nificent adjacent country, all tended to fix the conviction 
upon those interested that a finer location could not be 
found for a station and by-and-by a thriving town. 

Such were some of the preliminaries to the birth of 
Vinita, but the fates deemed it not wise to locate the 
town on the spot first decided on by the advance agents 
of a great railroad. The survey of the Atlantic and 
Pacific by mutual agreement crossed the "Katy" at this 
point and everything ran along smoothly till the former 
roadbed was built to within a mile and a half east of 
this present town site. Then a very remarkable thing 
happened and the town site was removed between two 
suns, yt'iy much to the disgust, and even armed resist- 
ance, of the "Katy." 

The elder E. <\ Boudinot, Dr. Poison, Johnson 
Thompson and Col. A. M. Bell arranged with the Atlantic 



THE INDIAN TERRITORY. 



103 



and Pacific people to turn their line, abandon the old 
survey and cross the "Katy" where the crossing now is. 
In the meantime Boudinot and his friends fenced some- 
thing like two miles square with posts and lumber and 
undertook to "own" the entire town site and more, too. 
The Atlantic and Pacific Company came with camps 
and baggage in the night-time with the huge iron rail- 
road crossing loaded on a wagon and proceeded to place 
it across the track of the other line. The "Katy" people, 
aroused and indignant, came with an armed force and 




Cherokee Made Seminary, Vinita, Ind. Ter. 



tore up the crossing and stood guard day and night, 
slowly dragging trains back and forth to prevent the 
other road from making headway. The courts were fin- 
ally appealed to and an injunction granted, and the road 
pushed westward to the crossing of Big Cabin. 

Boudinot's scheme to hold the town site did not 
succeed. His fencing was torn down and destroyed, 
and the Cherokee authorities, through the town com- 
missioners, surveyed and platted the present town site 
and named it Downingville, but Boudinot had the sat- 
isfaction of giving it a name which superceded Down- 
ingville, and from the start was the popular one, and 



104 



THE INDIAN TERRITORY. 




Catholic School. Vinita. Ind. Ter. 




Scene on Upper Main Street, Vinita, Ind. Ter, 
During "Ah Indian Payment." 



THE INDIAN TERRITORY. 105 

had the advantage of the sanction of both railroads. 
Boudinot named the town Vinita, in honor of Vinnie 
Ream, the sculptress, whom he had known and loved in 
Washington City, while an exile from his home and 
people on account of his premature notions as to allot- 
ment of Cherokee lands. 

The town was platted and the first lots sold in Feb 
ruary, 1872. Martin Thompson was the first to bid on 
and purchase a lot in the town. At first, after the com- 
ing of the Frisco, the town was built principally of 
tents and board shanties, occupied for the most part by 
whisky peddlers and toughs. Brawls and fights were 




Scene on Illinois Avenue, Vinita. Ind. Ter. 

frequent and now and then a man would be killed. 

For ten years there was a slow, gradual growth. A 
few hundred people had settled here at the crossing of 
the two railroads, few town lots had been sold, and 
property was not in demand — at least the kind of prop- 
erty embodied in a town lot. Ten years later, however, 
the Frisco was pushed westward and the straggling lit- 
tle city of Vinita became, for the time being, the base of 
supplies and added some hundreds to its population. A 
steady, though not rapid, growth set in then that has 
continued to the present. In some portions* of the town 
thickly built and populated now, hay was cut in the 
summer a few years back, but the Cherokee Nation sold 
all its lots long ago. 



106 THE INDIAN TERRITORY. 

The culture and refinement that good circumstances 
usually bring are not wanting in Vinita. In recent 
years a number of residents of the town have built ele- 
gant new homes, and others have added elaborate and 
costly furniture as their circumstances enable them to 
indulge in 'the luxuries of life in the city. 

Vinita, on account of its central location, in the 
heart of the great prairie section of the Cherokee Nation, 
fed by the finest and most productive agricultural lands 
in the whole Indian Territory, and owing to the splendid 
health of its people, its schools and colleges and numer- 
ous other advantages, aside from the best business point 
within a radius of one hundred and fifty miles, is be- 
coming-more and more a city of beautiful homes. 

While it is distinctly an Indian town, its population 
consists very largely of the mixed blood element, the 
thrifty, energetic, ambitious class of Indian citizens 
who know and apreciate the very best of everything. 
Many of the best farmers, and ranchmen of the nation 
have located here in order to educate their children at 
the schools and to enjoy the privileges of church and of 
social organization. The existence of these conditions 
among those who are distinctly Cherokee citizens has 
been the means of attracting a large and very desirable 
class of people from the States who have located here 
for business, and for the practice of the various profes- 
sions. The town of Vinita is practically free from the 
race prejudice so prevalent in some other towns in the 
Indian country. The establishment of a United States 
c(Miit here has wrought a mighty change in the senti- 
ment of the people, and has been the potent means of 
breaking down whatever barriers may have existed be- 
1 ween the two elements of citizenship. Side by side 
upon the juries, and on equal recognition in all the re- 
lations of American citizenship, has been a beneficial 
revelation to many of the Indians, and has dispelled the 
imaginary differences that never did exist in reality. 
Each year since the first organization of 1 lie United 
Slates court in the Indian Territory, in 1880, has wit- 
nessed increased jurisdiction and widening of its scope 
and usefulness. Vinita now has a fullfledged court in 
session for ninny months each year, and with possibly 
one exception has the most extensive business both civil 
and criminal, of any court in the Territory. 



THE INDIAN TERRITORY. 



107 



Every line of business is represented by wide- 
awake, enterprising business men who are certainly 
above the average in financial standing. Business fail- 
ures have been few and far between, and not often of 
great consequence. The most of the business houses of 
Yinita are modern style brick structures, commodious 
and well arranged, and with fine plate glass fronts where 
may be seen displays as elaborate and artistic as in any 
city ten times larger. 

Our merchants draw trade from a large area of rich 
and very fertile country. The constant stream of wagons 
coming into town loaded with all manner of products of 




Scene on Wilson Street, Vinita, Ind. Ter. 

the farm, and the ranch, and the coal mines, bespeak the 
character of the town and its resources with far greater 
force than any ordinary pen can describe. As an exam- 
ple of the market for produce it may be stated on Satur- 
day recently 1086 dozen eggs were purchased by mer- 
chants and shipped. The crowded streets from morning 
till night with every manner of people passing to and fro 
bent upon some business errand, tell plainly and unmis- 
takably of an extraordinary fine business town. 

It is the largest market for upland prairie hay, high 
grade, in the country, and ranks with the highest in 
corn and wheat. 

The merchants long ago adopted the universal cash 
system, and it prevails, practically, in every business en- 



108 THE INDIAN TERRITORY. 

terprise in the city. It is the healthiest and cheapest 
place to live in the territory. Water is abundant every- 
where. Coal is sold on the street and at farmhouses much 
cheaper than wood anywhere. We have plenty of w T ood 
also. Rents are cheap, and taxes only one per cent. 

Of all the towns in the Cherokee Nation Vinita eas- 
ily leads in the point of population and general impor- 
tance. It is the social and commercial center of the 
Cherokee Nation, and here for business and other pur- 
poses many of its most wealthy and influential families 
have gathered, ready to make investments and to enter 
the race of existence with the competition of the world 
when the final change of government and land titles are 
completed. 

As a place to make money, and to enjoy all the pos- 
sibilities of a rich new country of unlimited resources, 
such as this is, soon to be opened, free from every bar- 
rier to emigration and development, Vinita stands at 
the head and center, and is the hub of a vast section 
comprising the whole north end of the Indian Territory. 

At an elevation above the sea level of from seven to 
eight hundred feet, and its proximity to the great West- 
ern plains, once styled the American Desert, assures an 
abundant supply of pure dry air in summer, and a pro- 
tection against the sultry nights in summer which pre- 
vail in Arkansas and Missouri and further south. Our 
winters are neither long nor severe, generally speaking, 
being so blended with the prolonged and delightful 
autumns and early spring that their identity is almost 
lost, save for an occasional blizzard which has about 
spent its force in Nebraska and Kansas before reaching 
the Indian Territory. 

The continuous attempts that have for a score of 
years been made 1 to secure allotment of lands in sev- 
eralty to the individual citizens of the Cherokee Nation 
are at last about to be crowned with success. The 
coercive altitude of Congress, and the manifest injus- 
tice of the Curtis law have induced the Cherokees them" 
selves to take the initiative and ask Congress to ratify an 
agremenl providing for allotment and individual title 
to the land, and an equitable arrangement whereby 
holders of town lots may secure titles to the same. 

Vinita is fully prepared for the era of prosperity 
thai the coming years are sure to bring to her. The 
future of the town lies along the path of steady and 



THE INDIAN TERRITORY. 



109 



substantial growth. That a city of 25,000 inhabitants 
will be built here within the next decade is but a rea- 
sonable prophecy. 

In the very beginning the city has acquired school 
property valued at over ten thousand dollars, a deal 
made by the city council and the school board and so 
satisfactory that not one single objection has been 
heard to the scheme that means largely increased taxa 
tion, but more than corresponding benefit to the citv. 




S. S. Cobb (Cherokee). Vinita. at His Mines, Cherokee Nation. 



Already many excellent families have located in Vinita 
solely on account of the splendid school facilities af- 
forded. 

While on the subject of schools we must not over- 
look Willie Halsell College, and the Catholic school, 
both in a prosperous condition and doing excellent work. 
The college under the management of President Brewer 
is being rapidly brought up to a high standard and 
ranks favorably with the best institutions of learning 
in the whole countrv. As a finishing *school it fills a 



110 THE INDIAN TERRITORY. 

place hitherto unsupplied in the northern portion of the 
Indian Territory. There are 215 students enrolled this 
year and f 2,500 has just been subscribed by the business 
men of Vinita to enlarge and improve the facilities and 
beautify the grounds. It is no longer necessary to send 
our young people away from home for educational fa- 
cilities. 

Not a single "joint" or drinking shop has been in 
Vinita for three years. Prohibition prohibits here, some- 
thing that no other town in the Indian Territory, per- 
haps, can show. 

The lodges are many and well attended. The Ma- 
sons, Odd Fellows, Knights of Pythias, Woodmen, Fra- 
ternal Aid and others have active organizations. The 
Vinita banks are as Gibraltar for strength. The First 
National is capitalized at $100,000, and the Vinita Na- 
tional at $50,000, the Cherokee National at $25,000. 
Their average daily balances exceed $400,000. They have 
numerous small connecting banks throughout the Cher- 
okee Nation. 

The newspapers of Vinita are the Daily and Weekly 
Chieftain, the Leader and the Territorial News, all first- 
class papers. 

Vinita has an opera-house, with a seating capacity 
for seven hundred people; several good hotels, steam 
laundry, bottling works, three mills, one flouring and 
grist and the other two grist only; church congregations, 
including the Methodist Episcopal, South; Presbyterian, 
Baptist, Episcopal, Congregational, Catholic, Metho- 
dist Episcopal and colored Methodist and 
Baptist; great cattle and life stock shipping 
point; jobbing and distributing headquarters 
for the Territory, because of location and rail- 
mad facilities; the railroads have set apart town prop- 
erty and trackage accommodations free to jobbers and 
distributors; two wholesale grocery houses; produce and 
fruit Commission, implement, wagon and buggy distrib- 
utors; ice and cold storage plant, capital $25,000, paid 
up. The city is lighted by electricity. The local tele- 
phone exchange has two hundred subscribers. Long-dis- 
tance telephone connects Vinita with fifty inland and 
adjoining (owns, as well as to all parts of the Territory 
and Southern Kansas. Waterworks system for (ire pro- 
tection now being organized. 



THE INDIAN TERRI10RY. 



Ill 



Each and every company and enterprise has been 
organized in Vinita and is owned and operated by Vi- 
nita people. 

But an accident happened, recently, which is going 
to insure the building of a large city rather than the 
mere chance crossing* of two great railway systems. 
Less than a year ago G. W. Miller, an insurance man, and 
long-time resident of Vinita, started out one day with a 
piece of paper and a pencil to organize a stock company 
to bore for oil, gas, lead, zinz, or mayhap for water — 




Branding Cattle Near Vinita, Ind. Ter. 



just water. Miller sold shares to the subscribers or 
stockholders at twenty-five dollars. He called it the 
Vinita Artesian Well and Prospecting Company. No- 
body said much, but some of the smart ones laughed a 
little and looked wise. After a few hundred dollars had 
been subscribed several fruitless attempts were made 
to get a meeting of the stockholders, but generally Miller 
was about the only man who thought enough of the 
scheme to attend. By and by, along toward the close 
of the year, a contract was made with a drilling com- 
pany, and one day some old rusty drills and an engine 
were unloaded and a derrick began to raise its head. 



112 



THE INDIAN TERRITORY. 




Making Hay on Open Prairie Near Vinita, Ind. Ter. 




Scene in Hay Field Near Vinita. Cherokee Nation 



THE INDIAN TERRITORY. 112 

The town boys paid more attention to what was going 
on than the town men, and nobody on earth could tell 
what they expected to strike. The thing ran night and 
day for a time, and one morning it was announced that 
the drill had struck artesian water, and it was flowing 
down the railroad ditch toward the mill and into the 
creek. Squads of men and boys strolled over to see it. 
At a depth of less than seven hundred feet a magnificent 
flow of line artesian water had been struck, and the rail- 
road ditch and Bull creek are still running, and the dry 
prairie branch has been transformed into, a living stream 
that will never stop unless something is done to utilize 




3__ ' 




One of the Artesian Wells and Swimmi::g Pools in Vinita. 

the water. Miller has been the innocent cause of strik- 
ing something of vastly greater possibilities than was 
the chance crossing of the pioneer railroads. It is now 
demonstrated that the railroads not only happened to 
cross at a good place to build a town, but that under- 
neath the town site is a fountain, rich, accessible and 
exhaustless. The water question is solved, but it is 
more than mere water. It is what Ponce de Leon sought 
— the fountain of health and youth. This is no idle 
dream nor paid newspaper article, nor the hallucination 
of a boomer, but the proof of these statements will even- 
tually vindicate the wildest prophecy of the sanitary 
possibilities of the Vinita artesian well. 

(8) 



114 



THE INDIAN TERRITORY. 




L. B. Bell. T. M. Buffing-ton, 

Prominent Cherokee. Chief of Cherokees. 

Vinita, Ind. Ter. 



THE INDIAN TERRITORY. 115 

Another accident and its consequence should be 
related in this connection. After the first well had been 
drilled and a magnificent flow of water struck, the ma- 
chinery was moved to W. E. Halsell's residence block 
and a second well drilled, securing a similar flow. Last 
spring Mr. Halsell and his wife sat down to figure out 
where to spend the summer. Having abundant means 
at their command they sometimes have gone to Narra- 
gansett, or to Mackinac Island or other health resort. 
With troubles from an affection of the kidneys, Halsell 
has suffered for years, and his wife is a frail woman, 
never having enjoyed good health in her life. After due 
consideration they decided to spend the amount of 
money usually consumed in going to the watering places 
in improving the artesian well on their premises and stay 
at home and try the curative properties of the Vinita 
wells. As a result, quite a large sum has been expended 
in the construction of waterworks, fountains and bathing 
pools in the Halsell grounds in Vinita. A large cement 
stone pool, one hundred by sixty feet, five or six feet 
deep, has been built, and it stands nearly full of clear 
limpid water from the well. An elaborate house with all 
the modern conveniences has been built here, where chil- 
dren and adults can alike get the benefit of the water. 
The result has been marvelous, and the Halsell family 
are enjoying better health than ever before in their lives. 
Men are hauling the water away in barrels, jugs and 
buckets. 

An analysis made by the agricultural chemist at 
the A. and M. College at Stillwater, Okla., shows that 
thre are no obnoxious elements in this water, that it has 
medicinal properties and is sure to be a good preventive 
of malaria and other insidious diseases. Analysis: 

Carbonate of lime 5. 7 

Sulphate of li me 1.4 

Calcium chloride 0.4 

Magnesium chloride 4.5 

Salt (sodium chloride) 61.7 

Carbonate of soda 26.5 

Undetermined matter 4.7 

Total solid matter in solution only 105 
parts per 110,000, or onty a little more than 
one drop in 10.000. 

There are nine of these wells in Vinita now, and 
three more contracted for. The average flow from each 



116 ! ;•:■■■ THE INDIAN TERRITORY. '} ; 

well is sixty thousand gallons daily. The city hals one 
at the intersection of two of the main streets, and the 
others are distributed around. Swimming pools- and in- 
dividual waterworks systems have been put in by many, 
and yards and gardens are watered at minimum expense. 

There is a fine opening for the following enterprises 
in Vinita: Jobbing and distributing houses of allkinds; 
another grain elevator, flouring mill, pork packing estab 
lishment, hay compress, poultry commission, good sur- 
veyor, hotel, public bath house, rustling real estate agent 
and .more, wide awake merchants in all lines of trade. 

Vinita also has a commercial club of 125 members. 
As soon as allotment is precipitated in the Cherokee 
Nation, it is estimated there will be one thousand first- 
class farms for sale and lease within ten miles of Vinita. 
The Indians have more than they desire to cultivate 
themselves. 

Write to commercial club for information. 



Treaties and Laws Pertaining to the 
Five Civilized Tribes. 



I"HE CREEK TREATY. 



An Act To ratify and confirm an agreement with the Mus- 
kogee or Creek tribe of Indians, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the agree- 
ment negotiated between the Commission to the Five Civilized Tribes 
and the Muskogee or Creek tribe of Indians at the City of Washington 
on the eighth day of March, nineteen hundred, as herein amended, is 
hereby accepted, ratified and confirmed, and the same shall be of full 
force and effect when ratified by the Creek national council. The 
principal chief, as soon as practical after the ratification- of this 
agreement by Congress, shall call an extra session of the Creek na- 
tional council and lay before it this agreement and the Act of Con- 
gress ratifying it, and if the agreement be ratified by said council, as 
provided in the constitution of said nation, he shall transmit to the 
President of the United States the act of council ratifying the agree- 
ment, and the President of the United States shall thereupon issue 
his proclamation declaring the same duly ratified, and that all the 
provisions of this agreement have become law according to the terms 
thereof: Provided, That such ratification by the Creek national coun- 
cil shall be made within ninety days from the approval of this Act by 
the President of the United States. 

This agreement by and between the United States, entered into in 
its behalf by the Commission to the Five Civilized Tribes, Henry L. 
Dawes, Tarns Bixby, Archibald S. McKennon and Thomas B. Needles, 
duly appointed and authorized thereunto, and the Muscogee (or Creek; 
tribe of Indians, in Indian Territory, entered into in behalf of said 
tribe by t'leasan: Porter, Principal Chief, and George A. Alexander, 
David M. Hodge, Isparhecher, Albert P. McKellop and Cub Mcin- 
tosh, delegates, duly appointed and authorized thereunto. 

Witnesseth that in consideration of the mutual undertakings 
herein contained it is agreed as follows: 

DEFINITIONS. 

1. The viords "Creek" and "Muskogee," as used in this agree- 
ment, shall be deemed synonymous, and the words "Creek Nation" and 
"tribe" shall each be deemed to refer to the Muskogee Nation or 
Muskogee tribe of Indians in Indian Territory. The words "Principal 
Chief" shall be deemed to refer to the Principal Chief of the Musko- 
gee Nation. The words "citizen" or "citizens" shah be deemed to 



IIS THE INDIAN TERRITORY. 

refer to a member or members of the Muskogee tribe or nation of 
Indians. The words "The Dawes Commission" or "commission" shall 
be deemed to refer to the United States Commission to the Five 
Civilized Tribes. 

GENERAL ALLOTMENT OF LANDS. 

2. All lands belonging to the Creek tribe of Indians in the Indian 
Territory, except town sites and lands herein reserved for Creek 
schools and public buildings, shall be appraised at their true value, 
excluding only lawful improvements on land in actual cultivation. 
The appraisement shall be made under direction of the Dawes Com- 
mission by such number of committees, with necessarj r assistance, as 
may be deemed necessary to expedite the work, one member of each 
committee to be appointed by the principal chier; and if the members 
of any committee fail to agree as to the value of any tract of land, the 
value thereof shall be fixed by said commission. Each committee shall 
make report of its work to said commission, which shall from time to 
time prepare reports of same, in duplicate, and transmit tnem to the 
Secretary of the Interior for his approval, and when approved one 
copy thereof shall be returned to the office of said commission for its 
use in making allotments as herein provided. 

3. All lands of said tribe, except as herein provided, shall be al- 
lotted among the citizens of the tribe by said commission so as to give 
each an equal share of the whole in value, as nearly as may be, in 
manner following; There shall be allotted to each citizen one hundred 
and sixty acres of land— boundaries to conform to the Government sur- 
vey— which may be selected by him so as to include improvements 
which belong to him. One hundred and sixty acres of land, valued at 
six dollars and fifty cents per acre, shall constitute the standard value 
of an allotment, and shall be the measure ior the eejualization of val- 
ues; and any allottee receiving lands of less than such standard value 
may, at any time, select other lands, which at their appraised value, 
are sufficient to make his allotment equal in value to the standard so 
fixed. 

If any citizen select lands the appraised value of which, for any 
reason is in excess of such standard value, the excess of value shall 
be charged against him in the future distribution of the funds of the 
tribe arising from all sources whatsoever, and he shall not receive any 
further distribution of property or funds of the tribe until all other 
citizens have received lands and money equal in value to his allotment. 
If any citizen selects lands the appraiseel value of which is in excess 
of such standard value, he may pay the overplus in money, but if he 
fail to do so, the same shall be charged against him in the future dis- 
tribution of the funds of the tribe arising from all sources whatsoever, 
and he shall not receive any further distribution of property or funds 
until all other citizens shall have received lands and funds 
equal in value to his allotment and if there be not sufficient funds of 
the tribe to make the allotments of all other citizens of the tribe equal 
in value to his then the surplus shall be a lien upon the rents and 
profit of his allotment until paid. 

4. Allotment for any minor may be selected by his father, mother, 
or j uardian, in the order named, and shall not be sola uurmg his minor- 
it... All guardians or curators appointed for minors and incompetents 
shall be citizt ns. 

Allotments may be selected for prisoners, convicts, and aged and 
infirm persons by their duly appointed agents, and for incompetents 
by guardian?, curators, or suitable persons akin to them, but it shall 
be the duty of said commission to see that such selections are made 
for the best interests of such parties. 

5. It any citizen have in possession, in actual cultivation, lands 
in excess of what he and his wife and minor children are entitled to 
take, h»- shall, within ninety days after the; ratification of this agree- 
ment, select therefrom allotments for himself and family aforesaid, 
and If h«' have lawful improvements upon such excess he may dispose 
6f the same to any other citizen, who may thereupon select lands so 
as to include such improvements; but, after the expiration of ninety 
days from the ratification of this agreement, any citizen may take any 
lands not already selected by another, but if lands so taken be in actual 
cultivation, having thereon Improvements belonging to another citizen, 
such improvements shall be valued by the appraisement committee, 
and tin amount paid to the Owner thereof i>y the allottee, anel the 
same shall i><- a lien upon the rents and profits of the land until paid: 
Provided, That ih<- owner of improvements may remove the same if 
he desires. 



THE INDIAN TERRITORY. 11£ 

6. All allotments made to Creek citizens by said commission prior 
to the ratification of this agreement, as to which there is no contest, 
and which do not include public property, and are not herein otherwise 
affected, are confirmed, and the same shall, as to appraisement and 
all things else to be governed by the provisions of this agreement and 
said commission shall continue the work of allotment of Creek lands 
to citizens of the tribe as heretofore, conforming to provisions herein; 
and all controversies arising between citizens as to their right to se- 
lect certain tracts of land shall be determined by the commission. 

7. Lands allotted to citizens hereunder shall not in any manner 
whatsoever, or at any time, be incumbered, taken, or sold to secure or 
satisfy any debt or obligation contracted or incurred prior to the date 
ot the deed to the allottee therefor, and such lands shall not be alien- 
able ly the allottee or his heirs at any time before the expiration 
of five years from the ratification of this agreement, except with the 
approval of the Secretary of the Interior. 

Each citizen shall select from his allotment forty acres of land as 
a homestead, which shall be nontaxable and inalienable and free from 
any incumbrance whatever for twenty-one years, for which he shall 
have a sepai'ate deed, conditioned as above: Provided, That selections 
of homesteads for minors, prisoners, convicts, incompetents, and aged 
and infirm persons, who cannot select for themselves, may be made in 
the manner herein provided for the selection of their allotments; and 
if, for any reason, such selection be not made for any citizen, it shall 
be the >.»uty of said commission to make selection for him. 

The homestead of each citizen shall remain, after the death of the 
allottee, for the use and support of children born to him after the 
ratification of this agreement, but if he have no such issue, then he 
may dispose of his homestead by will, free of limitation herein im- 
posed, and if this be not done, the land shall descend to his heirs ac- 
cording to the laws of descent and distribution of the Creek Nation, 
free from such limitation. 

8. The Secretary of the Interior shall, through the United States 
Indian agent in said Territory, immediately after the ratification of 
this agreement, put each citizen who has made selection of his allot- 
ment in unrestricted possession of his land and remove therefrom all 
persons objectionable to him; and when any citizen shall thereafter 
make selection of his allotment as herein provided, ana receive certifi- 
cate therefor, he shall be immediately thereupon so placed in posses- 
sion of his land. 

9. "When allotment of one hundred and sixty acres has been made 
to each citizen, the residue of lands, not herein reserved or otherwise 
disposed of. and all the funds arising under this agreement shall be 
used for the purpose of equalizing allotments, and if the same be 
insufficient therefor, the deficiency shall be supplied out of any other 
funds of the tribe, so that allotments of all citizens may be made equal 
in value, as nearly as may be, in manner herein provided. 

TOWN SITES. 

10. All towns in the Creek Nation having a present population of 
two hundred or more shall, and all others may, be surveyed, laid out, 
and appraised under the provisions of an Act of Congress entitled "An 
Act making appropriations for the current and contingent expenses of 
the Indian Department and for fulfilling treaty stipulations with var- 
ious Indian tribes for the fiscal year ending June thirtieth, nineteen 
hundred and one, and for other purposes," approved May thirty-first, 
nineteen hundred, which said provisions are as follows: 

'"That the Secretary of the Interior is hereby authorized, under 
rules and regulations to be prescribed by him, to survey, lay out, and 
plat into town lots, streets, alleys and parks, the sites, of such towns 
. and villages in the Choctaw. Chickasaw, Creek, and Cherokee Nations, 
as may at any time have a population of two hundred or more, in such 
manner as will best subserve the then present needs and the reason- 
able prospective growth of such towns. The work of surveying, laying 
out, and platting such town sites shall be done by competent survey- 
ors, who shall prepare five copies of the plat of each town site which, 
when the survey is approved by the Secretary of the Interior, shall be 
filed as follows: One in the office of the Commissioner of Indian Af- 
fairs, one with the principal chief of the nation, one with the clerk 
of the court within the territorial jurisdiction of which the town is 
located, one with the Commissioner of the Five Civilized Tribes, and 
one with the town authorities, if there be such. Where in his judg- 
ment the best interests of the public service require, the Secretary of 



120 THE INDIAN TERRITORY. 

the Interior maj- secure the surveying, laying" out, and platting of town 
sites in any of said nations by contract. 

"Hereafter the work of the respective town-site commissions pro- 
vided for in the agreement with the Choctaw and Chickasaw tribes 
ratified in section twenty-nine of the Act of June twenty-eighth, 
eighteen hundred and ninety-eight, entitled 'An Act for the protec- 
tion of the people of ine Indian Territory, and for other purposes, 'shall 
begin as to any town site immediately upon the approval of the sur- 
vey by the Secretary of the Interior and not before. 

"The Secretary of the Interior may in his discretion appoint a 
town-site commission consisting of three members for each of the 
Creek and Cherokee Nations, at least one of whom shall be a citizen 
of the tribe and shall be appointed upon the nomination of the princi- 
pal chief of the tribe. Each commission, under the supervision of the 
Secretary of tne Interior, shall appraise and sell for the benefit of the 
tr. je the town lots in the nation for which it is appointed acting in 
conformity with the provision of any then existing Act of Congress 
or agreement with the tribe approved by Congress. The agreement 
of any two members of the commission as to the true value of any lot 
shall constitute a determination thereof, subject to the approval of 
the Secretary of the Interior, and if no two members are able to agree 
the matter shall be determined by such Secretary. 

"Where in his judgment the public interests will be thereby sub- 
served, the Secretary of the Interior may appoint in the Choctaw. 
Chickasaw, Creek, or Cherokee Nation a separate town. site commis- 
sion for any town, in which event as to that town such local commis- 
sion may exercise the same authority and perform the same duties 
which would otherwise devolve upon the commission of that Nation. 
Every such local commission shall be appointed in the manner pro- 
Aided in the Act approved June twenty-eighth, eighteen hundred and 
ninety-eight, entitled 'An Act for the protection of the people of the 
Indian Territory.' 

"The Secretary of the Interior, where in his judgment the public 
interests will be thereby subserved, may permit the authorities of any 
town in any of said nations, at the expense of the town, to survey. 
lay-out, and plat the site thereof, subject to the supervision and ap- 
proval as in other instances. 

"As soon as the plat of any town site is approved, the proper com- 
mission shall, witn all reasonable dispatch and within a limited time. 
to be prescribed by the Secretary of the Interior, proceed to make the 
appraisement of the lots and improvements, if any, thereon, and after 
the approval thereof by the Secretary of the Interior, shall, under the 
supervision of such Secretary, proceed to the disposition and sale of 
the lots in conformity with any then existing Act of Congress or agree- 
ment with the tribe approved by Congress, and if the proper commis- 
sion shall not complete such appraisement and sale within the time lim- 
ited by the Secretary of the Interior, they shall receive no pay for 
such additional time as may be taken by them, unless the Secretary 
of the Interior for good cause shown shall expressly direct otherwise. 

"The Secretary of the Interior may, for good cause, remove any 
member of any townsite commisson, tribal or local, in any of said 
nations, and may fill the vacancy thereby made or any vacancy 
otherwise occurring in like manner as the place was originally filleci. 

■ it shall not be required that the town-site limits established in 
ihe course of platting and disposing of town lots and the corporate 
limits of the town, if incorporated, shall be identical or coextensive, 
but such town-site limits and corporate limits shall be so established 
;is to best subserve the th( n present needs and the reasonable prospec- 
tive growth of the town, as the 'same shall appear ai the times when 
such limits are respectively established: Provided further, That the 
exterior limits of all town-sites shall be designated and fixed at the 
earliest practicable time under rules and regulations prescribed by the 
Secretary oi the interior. 

"Upon the recommendation of the Commission to the Five Civ- 
ilized Tnbes the Secretary of the Interior is hereby authorized at any 
time before allotment to set aside and reserve from allotment any 
in the Choctaw, Chickasaw, Creek or Cherokee Nations, not « \- 
r. eding one hundred and sixty acres in any one tract, at such stations 
as are- or shall be established in conformity with law on the line of 
any railroad which shall be constructed or be in process of construc- 
tion in or through either of said nations prior to the allotment of tin- 
lands therein, and this irrespective of the population of such town-site 
at the Lime. Such town-sites shall be surveyed, laid out. and platted, 
and the lands therein disposed of for the benefit of the tribe in the 



THE INDIAN TERRITORY. 121 

manner herein prescribed for other town-sites: Provided further. 
That whenever any tract of land shall be set aside as herein provided 
which is occupied by a member of the tribe, such occupant shall be 
fully compensated for his improvements thereon under such rules and 
regulations as may be prescribed by the Secretary of the Interior: 
Provideu, That hereafter the Secretary of me Interior may, whenever 
the chief executive or principal chief of said nation fails or refuses to 
appoint a town-site commissioner for any town or to nil any vacancy 
causett by the neglect or refusal of the town-site commissioner ap- 
pointe'Q by the chief executive or principal chiel of said nation to 
qualify or act, in his discretion appoint a commissioner to fill the 
vacancy thus created. 

11. Any person in rightful possession of any town lot having im- 
provements thereon, other than temporary buildings, fencing and till- 
age, shall have the right to purchase such lot by paying one-half of 
the appraised value thereof, but if he shall fail within sixty days to 
purchase such lot and make the first payment thereon, as herein pro- 
vided the lot and improvements shall be sold at public auction to the 
highest bidder, under the direction of the appraisement commission. 
at a price not less than their appraised value, and the purcliaser shall 
pay the purchase price to the owner of the improvements, less the 
appraised value of the lot. 

12. Any person having the right of occupancy of a residence or 
business lot or both in any town, whether improved or not, and owning 
no other lot or land therein, shall have the right to purchase such lot 
by paying one-half of the appraised value thereof. 

13. Any person holding lands within a town occupied by him as a 
home, also any person who had at the time of signing this agreement 
purchased any lot, tract or parcel of land from any person in legal 
possession at any time, shall have the right to purchase the lot em- 
braced in same by paying one-half of the appraised value thereof, not, 
however, exceeding four acres. 

14. All town lots not having thereon improvements, other than 
temporary buildings, fencing, and tillage, the sale or disposition of 
wmch is not herein otherwise specifically provided for. shall be sold 
within twelve months after their appraisement, under direction of the 
Secretary of the Interior, after due advisement, at public auction to 
the highest bidder at not less than their appraised value. 

15. When the appraisement of any town lot is made, upon which 
any person has improvements as aforesaid, said appraisement com- 
mission shall notify him of the amount of said appraisement, and he 
shall within sixty days thereafter, make payment of ten per centum 
of the amount due for the lot, as herein provided, and four months 
thereafter he shall pay fifteen per centum additional, and the remaind- 
er of the purchase money in three equal annual installments, without 
interest. 

Any person who may purchase an unimproved lot shall proceed to 
make payment for same in such time and manner as herein provided 
for the payment pf sums due on improved lots, and if in any case any 
amount be not paid when due, it shall thereafter bear interest at the 
rate of ten per centum per annum until paid. '±ae purchaser may in 
any case at any time make full payment for any town lot. 

16. All town lots purchased by citizens in accordance with the 
provisions of this agreement shall oe free from incumbrance by any 
debt contracted prior to date of his deed therefor, except for improve- 
ments therton. 

17. No taxes shall be assessed by any town government against 
any town lot remaining unsold, but taxes may be assessed against any 
town lot sold as herein provided, and the same shall constitute a lien 
upon the interest of the purchaser therein after any payment thereon 
has been made by him, and if forfeiture of any lot be made all taxes 
assessed against such lot shall be paid out of any money paid thereon 
by the purchaser. 

18. The surveyors mav select and locate a cemetery within suit- 
able distance from each town, to embrace such number of acres as 
may be deemed necessary for such purpose, and the appraisement com- 
mission shall appraise the same at not less than twenty dollars per 
acre, and the town may purchase the land by paying the appraised 
value thereof; and if any citizen have improvements thereon, other 
than fencing and tillage, they shall be appraised by said commission 
and paid for by the town. The town authorities shall dispose of the 
lots in such cemetery at reasonable prices, in suitable sizes for burial 
purposes, and the proceeds thereof shall be applied to the general 
improvement of the property. 



122 THE INDIAN TERRITORY. 

19. The United States may purchase, in any town in the Creek 
Nai.on, suitable land for court-houses, jails, and other necessary pub- 
lic buildings for its use, by paying the appraised value thereof, the 
same to be selected under the direction of the department for whose 
use such buildings are to be erected; and if any person have improve- 
ments thereon, other than temporary buildings, fencing, and tillage, 
the same shall be appraised and paid for by the United States. 

20. Henry Kendall College, Nazareth Institute and Spaulding In- 
stitute, in Muskogee, may purchase the parcels of land occupied by 
them, or which may have been laid out for their use and so designated 
upon the plat of said town, at one-half of their appraised value, upon 
conditions herein provided; and all other schools and institutions of 
learning located in incorporated towns in the Creek Nation may, in 
like manner, purchase the lots or parcels of land occupied by them. 

21. All town lots or parts of lots, not exceeding fifty by one hun- 
dred and fifty feet in size, upon which church houses and parsonages 
have been erected, and which are occupied as such at the time of ap- 
praisement, shall be properly conveyed to the churches to which such 
improvements belong gratuitously, and if such churches have other 
adjoining lots inclosed, actually necessary for their use, they may 
purchase the same by paying one-half the appraised value thereof. 

22. The towns of Clarksville, Coweta, Gibson Station and Mounds 
may be surveyed and laid out in town lots and necessary streets and 
alleys, and platted as other towns, each to embrace such amount of 
land as may be deemed necessary, not exceeding one hundred and 
sixty acres for either, and in manner not to include or interfere with 
the allotment of any citizen selected prior to the date of this agree- 
ment, which survey may be made in manner provided for other towns; 
and the appraisement of the town lots of said towns may be made by 
any committee appointed for either of the other towns hereinbefore 
named, and the lots in said towns may be disposed of in like manner 
and on the same conditions and terms as those of other towns. All 
of such work may be done under the direction of and subject to the 
approval of the Secretary of the Interior. 

TITLES. 

23. Immediately after the ratification of this agreement by Con- 
gress and the tribe, the Secretary of the Interior shall furnish the 
principal chief with blank deeds necessary for all conveyances herein 
proviued for, and the principal chief shall thereupon proceed to exe- 
cute in due form and deliver to each citizen who has selected or may 
hereafter select his allotment, which is not contested, a deed convey- 
ing to him all right, title, and interest of the Creek Nation and of all 
other citizens in and to the lands embraced in his allotment certificate, 
and such other lands as may have been selected by him for equaliza- 
tion of his allotment. 

The princpal chief shall, in like manner and with like effect, 
execute and deliver to proper parties deeds of conveyance in all other 
cases herein provided for. All lands or town lots to be conveyed to 
any one person shall, so far as practicable, be included in one deed, 
and all deeds shall be executed free of charge. 

All conveyances shall be approved by the Secretary of the In- 
terior, which shall serve as a relinquishment to the grantee of all 
the right, title, and interest of the United States in and to the lands 
embraced in his deed. 

Any allottee accepting such deed shall be deemed to assent to 
the allotment and conveyance of all the lands of the tribe, as pro- 
\ r ided herein, and as a relinquishment of all his right, title, and in- 
terest in and to the same, except in the proceeds of lands reserved 
from allotment. 

The acceptance of deeds of minors and incompetents, by per- 
sons authorized to select their allotments for them, shall be deemed 
sufficient to bind such minors and incompetents to allotment and con- 
\i vanee Of all Other lands of the tribe, as provided herein. 

The transfer of the title of the Creek tribe to individual allotees 
and to other persons, as provided in this agreement, shall not inure 
to the 1m nefit of any railroad company, nor vest in any railroad corn- 
It;! nv, any right, title, or interest in or to any of -the lands in the Creek 
Nation. 

All deeds when so executed and approved shall be filed in the 
office Of the Dawes ( ommission, and there recorded without expense 
to the grantee, and such records shall have like effect as other public 
records. 



THE INDIAN TERRITORY. 123 

RESERVATIONS. 

24. The following lands shall be reserved from the general allot- 
ment herein provided for: 

(a) All lands herein set apart for town-sites. 

lb) Ail lands to which, at the date of the ratification of this 
agreement, any railroad company may, under treaty or act of Con- 
gress, have a vested right for right of way, depots, station grounds. 
water stations, stock yards, or similar uses" connected with the main- 
tenance and operation of the railroad. 

(c) Forty acres for the Eufaula High School. 

(d) Forty acres for the Wealaka Boarding School. 

(e) Forty acres for the Xewyaka Boarding School. 

(f) Forty acres for the Wetumka Boarding School. 

(g) Forty acres for the Euchee Boarding School. 
(h) Forty acres for the Coweta Boarding School. 
(i) Forty acres for the Creek Orphan Home. 

(j) Forty acres for the Tallahassee Colored Boarding School. 

(k) Forty acres for the Pecan Creek Colored Boarding School. 

(1) Forty acres for the Colored Creek Orphan Home. 

(m) All lands selected for town cemeteries, as herein provided. 

(n) The lands occupied by the university established by the 
American Baptist Home Mission Society, and located near the town 
of Muskogee, to the amount of forty acres, which shall be appraised, 
excluding improvements thereon, and said university shall have the 
nfcfct to purchase the same by paying one-half the appraised value 
thereof, on terms and conditions herein provided. All improvements 
made by said university on lands in excess of said forty acres shall 
be appraised and the value thereof paid to it by the person to whom 
such lands may be allotted. 

(o) One acre each for the six established Creek court-houses 
with the improvements thereon. 

(P) One acre each for all churches and schools outside of towns 
now regularly used as such. 

All reservations under the provisions of this agreement, except 
as otherwise provided herein, when not needed for the purposes for 
which they are at present used; shall be sold at public auction to the 
highest bidder, to citizens only, under directions of the Secretary of 
the Interior. 

MUNICIPAL CORPORATIONS. 

25. Authority is hereby conferred upon municipal corporations in 
the Creek Nation, with the approval of the Secretary of the Interior. 
to issue bonds and borrow money thereon for sanitary purposes, and 
for the construction of sewers, lighting plants, waterworks, and 
school houses, subject to all the provisions of laws of the United 
States in force in the organized Territories of the United States in 
reference to municipal indebtedness and issuance of bonds for public 
purposes; and said provisions of law are hereby put in force in said 
nation and made applicable to the cities and towns therein the same as 
if specially enacted in reference thereto. 

CLAIMS. 

20. All claims of whatsoever nature, including the "Loyal Creek 
claim'" under Article Four of the treaty of eighteen hundred and 
sixty-six, and the ■•Self-immigration claim' - under Article Twelve of 
the treaty of eighteen hundred and thirty-two, which the tribe or any 
individual thereof may have against the United States, or any other 
claim arising under the treaty of eighteen hundred and sixty-six. or 
-any claim which the United States may have against said tribe, shall 
he submitted to the Senate of the United States for determination: 
iind within two years from the ratification of this agreement the Sen- 
-ate shall make final determination thereof; and in the event that any 
sums are awarded the said tribe, or any citizen thereof, provision shall 
be made for immediate payment of same. 

Of these claims the •"Loyal Creek claim."' for what they suffered 
because of their loyalty to the L'nited States Government during the 
-civil war. long delayed, is so urgent in its character that the parties 
to this agreement express the hope that it may receive consideration 
and be determined at the earliest practicable momnt. 

Any other claim which the Creek Nation may have against the 
United States may be prosecuted in the Court of Claims of the United 
States, with right of appeal to the Supreme Court; and jurisdiction to 
try ana determine such claim is hereby conferred upon said courts. 



124 THE INDIAN TERRITORY. 

FUNDS OF THE TRIBE. 

27. All treaty funds of the tribe shall hereafter be capitalized for 
the purpose of equalizing- allotments and for tiie other purposes pro- 
vided in this agreement. 

ROLLS OF CITIZENSHIP. 

28. No person, except as herein . provded, shall be added to the 
rolls of citizenship of said tribe after the date of this agreement, and 
no person whomsoever shall be added to said roils after the ratifica- 
tion of this agreement. 

All citizens who were living on the first day of April, eighteen 
hundred and ninety-nine, entitled to be enrolled under section twenty- 
one of the Act of Congress approved June twenty-eighth, eighteen 
hundred and ninety-eight, entitled "An Act for the protection of the 
people of the Indian Territory, and for other purposes," shall be placed 
upon the rolls to be made by said commission under said Act of Con- 
gress, and if any such citizen has died since that time, or may here- 
after die, before receiving his allotment of lands and distributive share 
of all the funds of the tribe, the lands and money to which he would 
be entitled, if living, shall descend to his heirs according to the laws 
of descent and distribution of the Creek Nation, and be allotted and 
distributed to them accordingly. 

All children born to citizens so entitled to enrollment, up to and 
including the first day of July, nineteen hundred, and then living, shall 
be placed on the rolls made by said commission; and if any such child 
die after said date, the lands, and moneys to which it would be en- 
titled, ii living, shall descend to its heirs according to the laws of 
descent and distribution of the Creek Nation, and be allotted and dis- 
tributed to them accordingly. 

The rolls so, made by said commission, when approved by the 
Secretary of the interior, shall be the final rolls of citizenship of said 
tribe, upon which the allotment of all lands arid the distribution of 
all moneys and other property of the tribe shall be made, and to no 
other persons. 

29. Said commission shall have authority to enroll as Creek citi- 
zens certain full-blood Creek Indians now residing in the Cherokee 
Nation, and also certain full-blood Creek Indians now residing in the 
Creek Nation who have recently removed there from the State of 
Texas, and the families of full-blood Creeks who now reside in Texas, 
and such other recognized citizens found on the Creek rolls as might, 
by reason of non-residence, be excluded from enrollment by section 
twenty-one of said Act of Congress approved June twenty-eighth, 
eighteen hundred and ninety-eight: Provided, That such nonresidents 
shall, in good faith, remove to the Creek Nation before said commis- 
sion shall complete the rolls of Creek citizens as aforesaid. 

MISCELLANEOUS. 

30. Ad deferred payments, under provisions of this agreement, 
shall constitute a lien in favor of the tiibe on the property for which 
the debt was contracted, and if, at the expiration of two years from 
th<- date of payment of the fifteen per centum aforesaid, default in 
any annual payment has been made, the lien for the payment of ali 
purchase money remaining unpaid may he enforced in the United 
States court within tlv- .jurisdiction of which the town is located in 
lh<- same manner as vendor's liens are enforced; such suit being 
brought in the name of the principal chief, for the benefit of the tribe. 

31. All moneys to be paid to the tribe under any of the pro- 
visions Of this agreement shall be paid, under direction of the Secre- 
tary of the Interior, Into (he Treasury of the United States to the 
credil of the tribe, and an itemized report thereof shall be made 
monthly to the Secretary of the Interior and to the principal chief. 

:v>. All funds of the tribe, and all moneys accruing under the 
provisions of ihis agreement, when needed for the purposes of equal- 
izing allotments or for any other purposes herein prescribed, shall be 
paid out under the direction of the Secretary of the Interior; and 
when required for per capita payments, if any,- shall be paid out di- 
rectly to each individual by a bonded officer of the United States, un- 
der direction of the Secretary of the Interior, without unnecessary de- 
lay. 

No funds belonging to said tribe shall hereafter be used or 
paid out for any purposes by any o flicer of the United states without 



THE INDIAN TERRITORY. 125 

consent of the tribe, expressly given through its national council, ex-. 
ctpt as herein provided. ." '■ . 

34. The United States shall pay all expenses incident to the sur- 
vey, platting, and dispositon of town lots, and of allotment of lands 
made under the provisions of this agreement, except where the town 
authorities have been or may be duly authorized to survey and plat 
their respective towns at the expense of such town. 

35. Parents shall be the natural guardians of their children, and 
shall act for them as such unless a guardian shall have been appointed 
by a court naving jurisdiction; and parents so acting shall not be 
required to give bond as guardians unless by order of s..ch court; but 
they, and all other persons having charge of lands, moneys, and other 
property belonging to minors and incompetents, shall be required to 
make proper accounting therefor in the court having jurisdiction 
thereof in manner deemed necessary for the preservation of such 
estates. 

36. All Seminole citizens who have heretofore settled and made 
homes upon lands belonging" to the Creeks may there take, for them- 
selves and their families, such allotments as they would be entitled to 
take of Seminole lands, and all Creek citizens who have heretofore 
settled and made homes upon lands belonging to Seminoles may there 
take, for themselves and their families, allotments of one hundred and 
sixty acres each, and if the citizens of one tribe thus receive a greater 
number of acres than the citizens of the other, the excess shall be paid 
for by such tribe, at a price to be agreed upon by the principal chiefs 
of the two tribes, and if they fail to agree, the price shall be fixed by 
the Indian agent, but the citizenship of persons so taking allotments 
snail in no wise be affected thereby. 

Titles shall be conveyed to Seminoles selecting allotments of 
Creek lands in manner herein provided for conveyance of Creek allot- 
ments, and titles shall be conveyed to Creeks selecting allotments, of 
Seminole lands in manner provided in the Seminole agreement, dated 
December sixteenth, eighteen hundied and ninety-seven, for convey- 
ance of Seminole allotments: Provided, That deeds shall be executed 
co allottees immediately after selection of allotment is made. 

This provision shall not take effect until after it shall have been 
separately and specifically approved by the Creek national council and 
by the Seminole general council; and if not approved by either, it 
shall fail altogether, and be eliminated from this agreement without 
impairing any other of its provisions. 

37. Creek citizens may rent their allotments, when selected, for a 
term not exceeding one year, and after receiving title thereto without 
restriction, if adjoining allottees are not injured thereby, and cattle 
grazed thereon shall not be liable to any tribal tax; but when cattle 
are introduced into the Creek Nation and grazed on lands not selected 
by citizens, the Secretary of the Interior is authorized to collect from 
the owners thereof a reasonable grazing tax for the benefit, of the 
tribe; and section twenty-one hundred and seventeen, Revised Statutes 
of the United States, shall not hereafter apply to Creek lands. 

38. After any citizen has selected his allotment he may dispose 
of any timber thereon, but if he dispose of such timber, or any part 
of same, he shall not thereafter select other lands in lieu thereof, anel 
his allotment shall be appraised as if in condition when selected. 

No timber shall be taken from lands net so selected, and disposeel 
of, without payment of reasonable royalty thereon, under contract to 
foe prescribed by the Secretary of the Interior. 

39. No noncitizen renting lands from a citizen for agricultural 
purposes, as provided by law, whether such lands have been selectee! 
as an allotment or not, shall be required to pay any permit tax. 

40. The Creek school fund shall be used, under direction of the 
Secretary Of the Interior, for the education of Creek citizens, and the 
Creek schools shall be conducted under rules and regulations pre- 
scribed by him, under direct supervision of the Creek school super- 
intendent and a supervisor appointed by the Secretary, and under 
Creek laws, subject to such modifications as the Secretary of the In- 
terior may deem necessary to make the schools most effective and to 
produce the best possible results. 

All teachers shall be examined by or under direction of said 
superintendent and supervisor, and competent teachers and other per- 
sons to be engaged in and about the schools with good moral charac- 
ter only shall be employed, but where all qualifications are equal 
preference shall be given to citizens in such employment. 

All moneys for running the schools shall be appropriated by the 
Creek national council, not exceeding the amount of the Creek school 



126 THE INDIAN TERRITORY. 

fund, seventy-six thousand four hundred and sixty-eight dollars and 
forty cents; but if it fail or refuse to make the necessary appropria- 
tions the Secretary of the Interior may direct the use of a sufficient 
amount of the school funds to pay all expenses necessary to the effi- 
cient conduct of the schools, strict account thereof to be rendered to 
him and to the principal chief. 

All accounts for expenditures in running- the schools shall be 
examined and approved by said superintendent and supervisor, and 
also by the general superintendent of Indian schools, in Indian Ter- 
ritory, before payment thereof is made. 

if the superintendent and supervisor fail to agree upon any mat- 
ter under their direction or control, it shall be decided by said gen- 
eral superintendent, subject to appeal to the Secretary of the Interior: 
but his decision shall govern until reversed by the Secretary. 

41. The provisions of section thirteen of the Act of Congress 
approved June twenty-eighth, eighteen hundred and ninety-eight, 
entitled "An Act for the protection of the people of the Indian Ter- 
ritory, and for other purposes." shall not apply to or in any manner 
affect the lands or other property of said tribe, or be in force in the 
Creek Nation, and no Act of Congress or treaty provision inconsistent 
with this agreement shall be in force in said nation, except section 
fourteen of said last-mentioned Act, which shall continue in force as if 
this agreement had not been made. 

42. No act. ordinance, or resolution of the national council of the 
Creek Nation in any manner affecting the lands of the tribe, or of 
individuals after allotment, or the moneys or other property of the 
tribe, or of the citizens thereof, except appropriations for the neces- 
sary incidental and salaried expenses of the Creek government as 
herein limited, shall be of any validity until approved by the President 
of the United States. When any such act. ordinance, or resolution 
shall be passed by said council and approved by the principal chief, a 
true and correct copy thereof, duly certified, shall be immediately 
transmitted to the President, who' shall, within thirty days after 
received by him, approve or disapprove the same. If disapproved, it 
shall be so indorsed and returned to the principal chief; if approved, 
the approval shall be indorsed thereon," and it shall be published in at 
least two newspapers having a bona fide circulation in the Creek 
Nation. 

43. The United States agrees to maintain strict laws in said na- 
tion against the introduction, sale, barter, or giving away of liquors 
or intoxicants of any kind whatsoever. 

14. This agreement shall in no wise affect the provisions of exist- 
ing treaties between the United States and said tribe except so far as 
inconsistent therewith. 

45. All things necessary to carrying into effect the provisions 
of this agreement, not otherwise herein specifically provided for, 
shall be done under authority and direction of the Secretary of the- 
Interior-. 

4fi. The- tribal government of the Creek Nation shall not con- 
tinue longer than March fourth, nineteen hundred and six, subject 
to sucn further legislation as Congress may deem proper. 

17. Nothing contained in this agreement shall be construed to 
revive or re-establish the Creek courts which have been abolished 
by former Acts of Congress. 

Approved March 1, 1901. 



THE INDIAN TERRITORY. 12T 



THE SEMINOLE AGREEMENT, 



An act to ratify the agreement between the Dawes Commission 
and the Seminole Nation of Indians. 

Whereas an agreement was made by Henry L. Dawes, Tarns 
Bixby, Frank C. Armstrong, Archibald S. McKennon, Thomas B. 
Needles, the Commission of the United .States to the Five Civilized 
Tribes, and Allison L. Aylesworth, secretary, John F. Brown, Okchan 
Harjo, William Cully, K. N. Kinkehee, Thomas West, Thomas Factor, 
Seminole Commission, A. J. Brown, secretary, on the part of tne Sem- 
inole Nation of Indians on December 16, 1897, as follows: 

AGREEMENT BETWEEN THE UNITED STATES COMMIS- 
SIONERS xO NEGOTIATE WITH THE FI\ E CIVILIZED TRIBES, 
AND THE COMMISSIONERS ON THE PART OF THE SEMINOLE 
NATION. 

'inis agreement by and between the Government of the United 
States of the first part, entered into in its behalf by the Commission 
to the Five Civilized Tribes, Henry L. Dawes, Tarns Bixby, Frank C. 
Armstrong, Archibald S. McKennon, and Thomas B. Needles, duly 
appointed and authorized thereunto, and the Government of the Sem- 
inole Nation in Indian Territory, of the second part, entered into on 
behalf of said government by its commission, duly appointed and 
authorized thereunto, viz., John F. Brown, Okchan Harjo, William 
Cully, K. N. Kinkehee, Thomas W'est, and Thomas Factor: 

Witnesseth, That in consideration of tne mutual undertakings 
herein contained, it is agreed as follows: 

All lands belonging to the Seminole tribe of Indians shall be 
divided into three classes, designated as first, second and third class; 
the first class to be appraised at five dollars, the second class at two 
dollars and fifty cents, and the third class at one dollar and twenty- 
five cents per acre, and the same shall be divided among the members 
of the tribe so that each shall have an equal share thereof in value, 
so far as may be, the location and fertility of the soil considered; 
giving to each the right to select his allotment so as to include any 
improvements thereon, owned by him at the time; and each allottee 
shall have the sole right of occupancy of the land so allotted to him, 
during the existence of the present tribal government, and until the 
members of said tribe shall have become citizens of the United States. 
Such allotments s.iall be made under the direction and supervisior o: . 
the commission to the Five Civilized Tribes in connection with a 
representative appointed by the tribal government; and the chairman 
of said commission shall execute and deliver to each allottee a cer- 
tificate describing therein the land allotted to him. 

All contracts for sale, disposition or encumbrance of any part of 
any allotment made prior to date of patent shall be void. 

Any allottee may lease his allotment for any period not exceed- 
ing six years, the contract therefor to be executed in triplicate upon 
printed blanks provided by the tribal government, and before the same 
shall become effective it shall be approved by the principal chief ana 
a copy filed in the office of the clerk of the United States court at 
Wewoka. 

No lease of any coal, mineral, coal oil, or natural gas within said 
nation shall be valid unless made with the tribal government, by and 
with the consent of the allottee and approved by the Secretary of the 
Interior. 

Should there be discovered on any allotment any coal, mineral, 
coal oil, or natural gas, and the same should be operated so as to 
produce royalty, one-half of such royalty shall be paid to such allottee 
and the remaining half into the tribal treasury until extinguishment 
of tribal government, and the latter shall be used for the purpose of 
equalizing the value of allotments; and if the same be insufficient 
therefor, any other funds belonging to the tribe, upon extinguishment 
of tribal government, may be used for such purpose, so that each al- 
lotment may be made equal in value as aforesaid. 

The townsite of Wewoka shall be controlled and disposed of ac- 
cording to the provisions of an act of the General Council of the Sem- 
inole Nation, approved April 23, 1897, relative thereto; and on extin- 
guishment of the tribal government, deeds of conveyance shall issue 



12S THE INDIAN TERRITORY. 

to owners of lots as herein provided for allottees; and all lots re- 
maining unsold at that time may be sold in such manner as may be 
prescribed by the t Secretary of the Interior. 

Five hundred thousand dollars ($500,000) of the funds belonging- to 
the Seminoles, now held by the United States, shall be set apart as 
a permanent school fund for the education of children of the members 
of said tribe, and shall be held by the United States at five per cent 
interest, or invested so as to produce such amount of interest, which 
shall be, after extinguishment of tribal government, applied by the 
Secretary of the Interior to the support of Mekasuky and Emahaka 
Academies and the district schools of the Seminole people; and there 
shall be selected and excepted from allotment 320 acres of land, for 
each of said academies and eighty acres each for eight district schools 
ir. the Seminole country. 

There shall also be excepted from allotment one-half acre for the 
use and occupancy of each of twenty-four churches, including those 
already existing and such others as may hereafter be established in 
the Seminole country, by and with consent of the General Council of 
the nation; but should any of same, at any time, cease to be used 
for church purposes, such part shall at Once revert to uie Seminole 
people and be added to the lands set apart for the use of said district 
schools. 

One acre in each township shall be excepted from allotment and 
the same may be purchased by the United States upon which to estab- 
lish schools for the education of children of non-citizens when deemed 
expedient. 

When the tribal, government shall cease to exist the principal 
chief last elected by said tribe shall execute, under his hand and the 
seal of the nation, and deliver to each allottee a deed Conveying to him 
all the right, title, and interest of the said nation and the members 
thereof in and to the lands so allotted to him, and the Secretary of! 
the Interior shall approve such deed, and the same shall thereupon 
operate as relinquishment of the. right, title and interest of the United 
States in and to the land embraced in said conveyance, and as a guar- 
antee by the United States of the title to the allottee; and the accept- 
ance of such deed by the allottee shall be a relinquishment of his title 
to and interest in all other lands belonging to the tribe, except such 
as may have been excepted from allotment and held in common for 
other purposes. Each allottee shall designate one tract of forty acres, 
which shall, by the terms of the deed, be made inalienable and non- 
taxable as a homestead in perpetuity. 

All moneys belonging to the Seminoles remaining after equalizing 
the value of allotments as herein provided and reserving said sum of 
$500,000 for school fund shall be paid per capita to the members of said 
tribe in three equal installments, the first to be made as soon as con- 
venient after allotment and extinguishment of tribal government, and 
the others at one and two years, respectively. Such payments shall 
be made by a person appointed by the Secretary of the Interior, who 
shall prescribe the amount of and approve the bond to be given by 
such person; and strict account shall be given to the Secretary of the 
Interior for such disbursements. ■•„'■•■ 

The loyal Seminole claim shall be submitted to the United States 
Senate, which shall make final determination of same, and, if sus- 
tained, shall provide for payment thereof within two years from date 
hereof. 

There shall hereafter be held at the town of Wewoka, the pres- 
ent capital of the Seminole Nation, regular terms of the United States 
court as at other points in the judicial distrct of which the Seminole 
Nation is a, part. 

The United States agrees to maintain strict laws in the Seminole 
country against the introduction, sale, barter, or giving away of intox- 
icants of any kind or quality. 

This agreement • shall in no wise affect the provisions of existing 
treaties between the Seminole Nation and the United States, except in 
80 far as it is inconsistent therewith. 

The United States courts now existing, or that may hereafter be 
created, in Indian Territory, shall have exclusive jurisdiction of all 
controversies growing out of the title, ownership, .occupation,- or, use 
Ol real estate owned by the Seminoles, and to try all persons charged 
with homicide, embezzlement, bribery, and embracery hereafter com- 
imiicd in tin- Seminole country, without reference to race or citizen- 
ship of the persons charged with such crime; and any citizen or officer 
of said nation dharged with any such crime, if convicted, shall be 
punished as if he were ;i citizen or Officer of the United States, and 
ih' courts of said nation shall retain all the jurisdiction which they 



THE INDIAN TERRITORY. 129 

now have, except as herein transferred to. tne courts of the United 
States. 

When this agreement is ratified by the Seminole Nation and the 
United States the same shall serve to repeal all the provisions of the 
act of Congress approved June 7, 1897, in any manner affecting the 
proceedings of the general council of the Seminole Nation. 

It being known that the Seminole Reservation is insufficient for 
allotments for the use of the Seminole people, upon which they, as 
citizens, holding in severalty, may reasonably and adequately main- 
tain their families, the United States will make effort to purchase 
from the Creek Nation, at $1.25 per acre, 200,000 acres of land, immedi- 
ately adjoining the eastern boundary of the Seminole Reservation and 
lying between the North Fork and the South Fork of the Canadian 
River, in trust for and to be conveyed by proper patent by the United 
States to the Seminole Indians, upon said sum of $1.25 per acre being 
reimbursed to the United States by said Seminole Indians; the same 
to be allotted as herein provided for lands now owned by the Semi- 
noles. 

This agreement shall be binding on the United States when rat- 
ified by Congress and on the Seminole people when ratified by the 
General Council of the Seminole Nation. 

Approved July 1, 1898. 



(9) 



130 THE INDIAN TERRITORY. 

CURTIS ACT, EMBODYING THE ATOKA 
AGREEMENT 



An act for the protection of the people of the Indian Territory, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That in all 
criminal prosecutions in the Indian Territory against officials for em- 
bezzlement, bribery, and embracery the word "officer," when the same 
appears in the criminal laws heretofore extended over and put in force 
in said territory, shall include all officers of the several tribes or na- 
tions of Indians in said territory. 

Sec. 2. That when in the progress of any civil suit, either in law 
or equity, pending in the United States court in any district in said 
territory, it shall appear to the court that the property of any tribe is 
in any way affected by the issues being heard, said court is hereby 
authorized and required to make said tribe a party to said suit by 
service upon the chief or governor of the tribe, and the suit shall 
thereafter be conducted and determined as if said tribe had been an 
original party to said action. 

Sec. 3. That said courts are hereby given jurisdiction in their 
respective districts to try cases against those who may claim to hold 
as members of a tribe and whose membership is aenied by the tribe, 
but who continue to hold said lands and tenements notwithstanding 
the objection of the tribe; and if it be found upon trial that the same 
are held unlawfully against the tribe by those claiming to be members 
thereof, and the membership and right are disallowed by the commis- 
sion to the Five Tribes, or the United States court, and the judgment 
has become final, then said court shall cause the parties charged with 
unlawfully holding said possessions to be removed from the same and 
cause the lands and tenements to be restored to the person or per- 
sons or nation or tribe of Indians entitled to the possession of the 
same; Provided always, That any person being a noncitizen in pos- 
session of lands, holding the possession thereof under an agreement, 
lease, or improvement contract with either of said nations or tribes, 
or any citizen thereof, executed prior to January 1, 1898, may, as to 
lands not exceeding in amount 160 acres, in defense of any action for 
the possession of said lands show that he is and has been in peaceable 
possession of such lands, and that he has while in such possession 
made lasting and valuable Improvements thereon, and that he has not 
enjoyed the possession thereof a sufficient length of time to compen- 
sate him for such improvements. Thereupon the court or jury trying 
said cause shall determine the fair and reasonable value of such im- 
provements and the fair and reasonable rental value of such lands for 
the time the same shall have been occupied by sucn person, and if 
the improvements exceed in value the amount of rents with which 
such person should be charged the court, in its judgment, shall specify 
such time as will, in the opinion of the court, compensate such per- 
son for the balance due, and award him possession for such time un- 
less the amount be paid by claimant within such reasonable time as 
the court shall specify. If the hndng be that the amount of rents ex- 
<•(•<■(] the value of the improvements, judgment shall be rendered 
against the defendant for such sum, for which execution may issue. 

Sec. 4. That all persons who have heretofore made improve- 
ments on lands belonging to any one of the said tribes of Indians, 
claiming rights of citizenship, whose claims have been decided ad- 
\< rsely under the act of Congress approved July 10, 1896, shall have 
possession thereof until and including December 31, 1898; and may, 
prior to that time, sell or dispose of the same to any member of the 
tribe owning the land who desires to take the same in his allot- 
n,' i, t. Provided, That this section shall not. apply to improvements 
which have been appraised and paid for, or payment tendered by the 
Cberckce Nation under the agreement With the United States ap- 
proved by Congress March 3, 1893. 

Sec. 5. That before any action by any tribe or person shall be 
commenced under section three of this act it shall be the duty of the 



THE INDIAN TERRITORY. 131 

party t ringing the same to notify the adverse party to leave the prem- 
ises for the possession of which the action is about to be Drought, 
which rotice shall be served at least thirty days before commencing 
the action dv leaving a written copy with the defendant, or if he 
can not be found, by leaving tne same at his last known place of res- 
idence or business with any person occupying tne premises over the 
age of twelve years, or, if his residence or business address can not 
be ascertained, by leaving the same with any person over the age 
of twelve years upon the premises sought to be recovered and de- 
scribed in said notice; and if there be no person with whom saia notice 
OLiii be li?ft, then by posting same on the premises. 

Sec. (j. That the summons shall not issue in such action until 
the chief or governor of the tribe, or person or persons bringing suit 
in ins own behalf, shall have filed a sworn complaint, on behalf of 
the tribe or himself, with the court, which shall, as near ,as practica- 
ble, describe the premises so detained, and shall set forth a detention 
wahout the consent of the. person bringing said suit or the tribe, by 
one whose membership is denied by it: Provided, That if the chief or 
governor ic/usc- or fail to bring suit in behalf of the tribe then any 
member of the tribe may make complaint ana bring said suit. 

Sec. 7. That the court in granting a continuance of any case, 
particularly under section three, may, in its discretion, require the 
party applying therefor to give an undertaking to the adverse party, 
with good and sufficient securities, to be approved by the judge of the 
court, conditioned for the payment of all damages and costs and de- 
fraying the rent which may accrue if judgment be rendered against 
him. 

Sec. 8. That when a judgment for restitution shall be entered 
by the court the clerk shall, at the request of the plaintiff or his at- 
torney, issue a writ of execution thereon, which shall command the 
proper officer of the court to cause the defendant or defendants to be 
forthwith removed and ejected from the premises and the plaintiff giv- 
en complete and undisturbed possession of the same. The writ shall 
also command the said officer to levy upon the property of the defend- 
ant or defendants subject to execution, and also collect therefrom the 
costs of the action and all accruing costs in the service of tne writ. 
Said writ shall be executed within thirty days. 

Sec. 9. That the jurisdiction of the court and municipal author- 
ity of the city of Fort Smith for police purpos s in the State of Arkan- 
sas is hereby extended over all that strip of land in the Indian Terri- 
tory lying and being situate between the corporate limits of the said 
city of Fort smith and the Arkansas and Poteau Rivers, and extend- 
ing up the said Poteau River to the mouth of Mill Creek; and all the 
laws and ordinances for the preservation of the peace and health of 
said city, as far as the same are applicable, are hereby put in force 
therein: Provided. That no charge or tax shall ever be made or levied 
by said city against said land or the tribe or nation to whom it be- 
longs. 

Sec. 10. That all actions for restitution of possession of real 
property under this act must be commenced by the service of a sum- 
mons within two years after the passage of this act. where the wrong- 
ful detention or possession began prior to the date of its passage; 
and all actions which shall be commenced herafter, based upon 
wrongful uetention or possession committed since the nassage of this 
act must be commenced within two years after the cause of action 
accrued. And nothing in this act shall take away the right to main- 
tain an action for unlawful and forcible entry and detainer given 
by the act of Congress passed May 2, 1890 (Twenty-sixth United States 
Statutes, page ninety-five.) 

Sec. 11. That when the roll of citizenship of any one of said na- 
tions or tribes is fully completed as provided by law, and the survey of 
the lands of said nation or tribe is also completed,, the commission 
heretofore appointed under acts of Congress, and known as the 
"Dawes Commission, shall proceed to allot the exclusive use and oc- 
cupancy of the surface of all the lands of said nation or tribe suscep- 
tible of allotment among tne citizens thereof, as shown by said roll, 
giving to each, so far as possible, his fair and equal share thereof, 
considering the nature and fertility of the soil, location and value 
of same; but all oil, coal, asphalt and mineral deposits in the lands 
of any tribe are reserved to such tribe, and no allotment of such lands 
shall carry the title to such oil, coal, asphalt or mineral deposits; and 
all town sites shall also be reserved to the several tribes, and shall 
be set apart by the commission heretofore mentioned as incapable of 
allotment. There shall also be reserved from allotment a sufficient 
amount of lands now occupied by churches, schools, parsonages, char- 



132 THE INDIAN TERRITORY. 

itable institutions, and other public buildings, for their present actual 
and necessary use, and no more, not to exceed five acres for each 
school and one acre for each church and each parsonage, and for such 
new schools as may be needed; also sufficient land for burial grounds 
where necessary. When such allotment of the lands of any tribe has 
been by them completed, said commission shall make full report there- 
of to the Secretary of the Interior for his approval: Provided, That 
nothing herein contained shall in any way affect any vested legal 
rights which may have been heretofore granted by act of Congress, 
nor be so construed as to confer any additional rights upon any parties 
claiming under any such act of Congress: Provided further, Tnat 
whenever it shall appear that any member of a tribe is in possession 
of lands, his allotment may be made out of the lands in his possession, 
including his home if the holder so desires: Provided further, That if 
the person to whom an allotment shall have been made shall be de- 
clared, upon appeal as herein provided for, by any of the courts of the 
United States in or for the aforesaid territory, to have been illegally 
accorded rights of citizenship, and for that or any other reason de- 
clared to be not entitled to any allotment, he shall be ousted and eject- 
ed from said lands; that all persons known as intruders who have 
been paid for their improvements under existing laws and have not 
surrendered possession thereof who may be found under the provi- 
sions of this act to be entitled to citizenship, shall, within ninety days 
thereafter, refund the amount so paid them, with six per centum 
interest to the tribe entitled thereto; and upon their failure so to do 
said amount shall become a lien upon all improvements owned by such 
person in such territory, and may be enforced by such tribe; and un- 
less such person makes such restitution no allotments shall be made 
to him: Provided further, That the lands allotted shall be nontrans- 
ferable until after full title is acquired and shall be liable for no obli- 
gations contracted prior thereto by the allottee, and shall be non- 
taxable while so held; Provided further, That all towns and cities 
heretofore incorporated or incorporated under the provisions of this 
act are hereby authorized to secure, by condemnation or otherwise, 
all the lands actually necessary for public improvements, regardless 
of tribal lines; and when the same can not be secured otherwise than 
by condemnation, then the same may be acquired as provided in sec- 
tions 907 and 912, inclusive, of Mansfield's Digest of the Statutes of 
Arkansas. 

Sec. 12. That when report of allotments of lands of any tribe 
shall be made to the Secretary of the Interior, as hereinbefore pro- 
vided, he shall make a record thereof, and when he shall confirm 
such allotments the allottees shall remain in peaceable and undis- 
turbed possession thereof, subject to the provisions of this act. 

Sec. 13. That the Secretary of the Interior is hereby authorized 
and directed from time to time to provide rules and regulations in 
regard to the leasing of oil, coal, asphalt, and other minerals in said 
territory, and all such leases shall be made by the Secretary of the 
Interior; and any lease for any such minerals otherwise made shall 
be absolutely void. No lease shall be made or renewed for a longer 
perior than fifteen years, nor cover the mineral in more than 640 acres 
of land, which shall conform as nearly as possible to the surveys. 
Lessees shall pay on each oil, coal, asphalt, or other mineral claim, at 
the rate of $100 per annum, in advance, for the first and second years; 
$200 per annum, in advance for the third and fourth years, and $500 
in advance, for each succeeding year thereafter, as advanced royalty 
on the mine or claim on which they are made All such payments 
shall be a credit on royalty when each said mine is developed and 
operated and its production is in excess of such guaranteed annual ad- 
vanced payments; and all lessees must pay said annual advanced pay- 
ments on each claim, whether developed or undeveloped; and should 
any lessee neglect or refuse to pay such advanced annual royalty for the 
period of sixty days after the same becomes uue and payable on any 
lease, the lease on which default is made becomes null and void, and 
the royalties paid in advance shall then become and be the money and 
property of the tribe. Where any oil, coal, asphalt, or other mineral 
is Hereafter opened on land allotted, sold, or reserved, the value of the 
use of the necessary surface for prospecting or mining, and the 
damage done to the other land and improvements, shall be ascertained 
under tie direction of the Secretary of the Interior and paid to the 
allottee or owner of the land, by the lessee or party operating the 
~;itm<-. before operations begin: Provided, That nothing herein con- 
talned shall impair the rights Of any holder or owner of a leasehold 
Interest in any oil, coal rights, asphalt, or mineral 'which have been 
assented t<. by act of Congress, but all such interest shall continue 



THE INDIAN TERRITORY. 133 

unimpaired hereby, and shall be assured to such holders or owners 
by leases from the Secretary of the Interior for the term not exceed- 
ing fifteen years, uut subject to payment of advance royalties as 
herein provided, when such leases are not operated, to cc rate of 
royalty on coal mined, and the rules and regulations to be prescribed 
by the Secretary of the Interior, and preference shall be given to such 
parties in renewals of such leases: And provided further, That when, 
under the customs and laws heretofore existing and prevailing in the 
Inuian Territory, leases have been made of different groups or parcels 
of oil, coal, asphalt, or other mineral deposits, and possession has been 
taken thereunder and improvements made for the development of such 
jf oil, coal, asphalt, or other mineral deposits by lessees or tneir assigns 
which have resulted in the production of oil, coal, asphalt, or other 
mineral in commercial quantities by such lessees or their assigns, 
then such parties in possession shall be given preference in the making 
of new leases, in compliance with the directions of the Secretary of the 
Interior; and in making new leases due consideration shall be made 
for the improvements of such lessees, and in all cases of the leasing 
or renewal of leases of oil, coal, asphalt, and other mineral deposits 
preference shall be given to parties in possession who have made 
improvements. The rate of royalty to be paid by alf lessees shall 
be fixed by the Secretary of the Interior. 

Sec. 14. That the inhabitants of any city or town in said terri- 
tory having two hundred or more residents therein may proceed, by 
petition to the United States court in the district in which such city 
or town is located, to have the same incorporated as provided in 
chapter twenty-nine of Mansfield's Digest of the Statutes of Arkansas, 
if not already incorporated thereunder; and the clerk of said court 
shall record all papers and perform all the acts required of the re- 
corder of the county, or the clerk of the county court, or the secretary 
of state, necessary for the incorporation of any city or town, as pro- 
vided in Mansfield's Digest, and such city or town government, when 
so authorized and organized, shall possess all the powers and exercise 
all the rights of S-milar municipalities in said State of Arkansas. All 
male inhabitants of such cities and towns over the age of twenty-one 
years, who are citizens of the United States or of either of said 
tribes, who have resided therein more than six months next before 
any election held under this act, shall be qualified voters at such 
election. That mayors of such cities and towns, in addition to their 
other powers, shall have the same jurisdiction in all civil and criminal 
cases arising within the corporate limits of such cities and towns as, 
and coextensive with, United States commissioners in the Indian Ter- 
ritory, and may charge, collect, and retain the same fees as such com- 
missioners now collect and account for to the United States; and the 
marshal or other executive officer of such city or town may execute all 
processes issued in the exercise of the jurisdiction hereby conferred, 
and charge and collect the same fees for similar services, as are 
allowed to constables under the laws now in force in said territory. 

All elections shall be conducted under the provisions of chapter 
fifty-six of said digest, entitled "Elections," so far as the same may 
be applicable; and all inhabitants of such cities and towns, wichout 
regard to race, shan be subject to all laws and ordinances of such 
city or town governments, and shall have equal rights, privileges, and 
protection therein. Such city or town governments shall in no case 
have any authority to impose upon or levy any tax against any lands 
in said cities or towns until after title is secured from the tribe; but 
all other property, including all improvements on town lots, which 
for the purposes of this act shall be deemed and considered personal 
property, together with all occupations and privileges, shall be sub- 
ject to taxation. And the councils of such cities and towns, for the 
support of the same and for school and other public purposes, may 
provide by ordinance for the assessment, levy, and collection annually 
of a tax upon sucn property, not to exceed in the aggregate two per 
centum of the assessed value thereof, in manner provided in chapter 
129 of said digest, entitled "Revenue," and for such purposes may 
also impose a tax upon occupations and privileges. 

Such councils may also establish and maintain free schools in 
such cities and towns, under the provisions of sections 6258 to 6276. in- 
clusive, of said digest, and may exercise all the powers conferred upon 
special school districts in cities and towns in the State of Arkansas by 
the laws of said state when the same are not in conflict with the 
provisions of this act. 

For the purposes of this section all the laws of said State of 
Arkansas herein referred to, so far as applicable are hereby put in 
force in said territory; and the United States court therein snail have 



134 THE INDIAN TERRITORY. 

jurisdiction to enforce the same, and to punish any violation thereof, 
and the city or town councils shall pass such ordinances as may be 
necessary for the purpose of maki ag the laws extended over them 
applicable to them and for carrying the same into effect: Provided, 
That nothing in this act, or in the laws of the State of Arkansas, 
shall authorize or permit the sale, or exposure for sale, of any intox- 
icating liquor in said territory, or the introduction thereof into said 
territory; and it shall be the duty of the district attorneys in said 
territory and the officers of such municipalities to prosecute all vio- 
lators of the laws of the United States relating to the introduction of 
intoxicating liquors into said territory, or to their sale, or exposure 
for sale, therein: Provided further, That owners and holders of leases 
or improvements in any city or town shall be privileged to transfer the 
same. 

Sec. 15. That there shall be a commission in each town for each 
one of the Chickasaw, Choctaw, Creek, and Cherokee tribes, to consist 
of one member to be appointed by the executive of the tribe, who 
snail not be interested in town property, other than his home; one 
person to be appointed by the Secretary of the Interior, and one mem- 
ber to be selected by the town. And if the executive of tne tribe or 
the town fail to select members as aforesaid, they may be selected 
and appointed by the Secretary of the Interior. 

Said commissions shall cause to be surveyed and laid out town 
sites where towns with a present population of two hundred or more 
are located, conforming to the existing survey so far as may be, with 
proper and necessary streets, alleys, and public grounds, including 
parks and cemeteries, giving to each town sucn territory as may be 
required for its present needs and reasonable prospective growth; and 
shall prepare correct plats thereof, and file one with the Secretary of 
the Interior, one with the clerk of the United States court, one with 
the authorities of the tribe, and one with the town authorities. And 
all town lots shall be appraised by said commission at their true value, 
excluding improvements; and separate appraisements shall be made 
of all improvements thereon and no such appraisement shall be effect- 
ive until approved by the Secretary of the Interior, and in case of dis- 
agreement by the members of such commission as to the value of any 
lot, said secretary may fix the value thereof. 

The owner of the improvements upon any town lot, other than 
fencing, tillage, or temporary buildings, may deposit in the United 
States Treasury, Saint Louis, Mo., one-half of such appraised value; 
ten per centum, within two mouths, and fifteen per centum more 
within six months after notice of appraisement, and the remainder in 
three equal annual installments therafter, depositing with the Secre- 
tary of the Interior one receipt for each payment, and one with the 
authorities of the tribe, and such deposit shall be deemed a tender to 
the tribe of the purchase money for such lot. 

If the owner of such improvements on any lot fails to make do- 
posit of the purchase money as 3 foresaid, then such lot may be sold 
in the manner herein provided for the sale of unimproved lots; and 
when the purchaser thereof has complied with the requirements here- 
in for the purchase of improved -oto he may, or petition, apply to the 
United States court within whose jurisdiction the town is located for 
condemnation and appraisement of such improvements, and petitioner 
shall, after uidgment, deposit the value so fixed wuh f.e cierk of the 
court; and thereupon the defendant shall be required to accept same 
in full payment lor his improvements or remove same from the lot 
within such time as may be fixed by the court. 

All town lots not improved as aforesaid shall belong to the tribe, 
and shall be in like manner appraised, and, after approval by the 
Secretary of the Interior, and. due notice, sold to the highest bidder 
at public auction by said commission, but not for less than their 
appraised value, unless ordered by the Secretary of the Interior; and 
purchasers may in like manner make deposits of the purchase money 
with -«u- effect, as in case of improved lots. 

The Inhabitants of any town may, within one year after the com- 
pletion of the survey thereof, make such deposit of ten dollars per 
acre lor parks, cemeteries, and other public grounds laid out by said 
commission with like effect as for Improved lots; and sveh parks and 
public grounds shall not be used for any purpose until such deposits 
are made. 

The person authorized by the tribe or tribes may execute or 
deliver to any such pure baser, without expense to him, a deed con- 
veying to him the title to SUCh lands Or town lots; and thereafter the 
purchase money shall become the property of the tribe and all such 
moneys Shall, when titles to all the lots in the towns belonging to any 



THE INDIAN TERRITORY. 135 

tribe have been thus perfected, be paid per capita to the members of 
the tribe: Provided, however, That in those town sites designated and 
laid out under the provisions of this act where coal leases are now 
being operated and coal is being mined there shall be reserved from 
appraisement and sale all lots occupied by houses of miners actually 
engaged in mining, and only while they are so engaged, and in addi- 
tion thereto a sufficient amount of land, to be determined by the ap- 
praisers, to furnish homes for the men actuary engaged in working 
for the lessees operating said mines and a sufficient amount for all 
buildings and machinery for mining purposes: And provided further, 
That when the lessees shall cease to operate said mines, then, and 
in that event, the lots of land so reserved shan be disposed of as pro- 
vided for in this act. 

Sec. 16. That it shall be unlawful for any person, after the pass- 
age of this act, except as hereinafter provided, to claim, demand, or 
receive, for his own use or for the use of any one else, any royalty 
on oil, coal, asphalt, or other mineral, or on any timber or lumber, or 
any other kind of property whatsoever, or any rents on any lands or 
property belonging to any one of said tribes or nations in said ter- 
ritory, or for any one to pay to any individual any such royalty or 
rents or any consideration therefor whatsoever; and all royalties and 
rents hereafter payable to the tribe shall be paid, under sucn rules 
and regulations as may be prescribed by the Secretary of the Interior, 
into the treasury of the United States to tne credit of the tribe to 
which they belong: Provided, That where any citizen shall be in pos- 
session of only such amount of agricultural or grazing lands as would 
be his just and reasonable share of the lands 01 his nation or tribe and 
that to which his wife and minor children are entitled, he may con- 
tinue to use the same or receive the rents thereon until allotment 
has been made to him: Provided further, That nothing herein contain- 
ed shall impair the rights of any member of a tribe to dispose of any 
timber contained on his, her, or their allotment. 

Sec. 17. That it shall be unlawful for any citizen of any one 
of said tribes to inclose or in any manner, by himself or through 
anotner, directly or indirectly, to hold possession of any greater 
amount of lands or other property belonging to any such nation or 
tribe than that which would be his approximate share of the lands be- 
longing to such nation or tribe and that of his wife and his minor 
children as per allotment herein provided; and any person found in 
such possession of lands or other property in excess of his share and 
that of his family, as aforesaid, or having the same in any manner in- 
ciosed, at the expiration of nine months after the passage of this act, 
shall be deemed guilty of a misdemeanor. 

Sec. 18. That any person convicted of violating any of the pro- 
visions of sections sixteen and seventeen of this act shall be deemed 
guilty of a misdemeanor and punished by a fine of not less than one 
hundred dollars, and shall stand committed until such fine and costs 
are paid (such committment not to exceed one day for every two 
dollars of said fine and costs), and shall forfeit possession of any prop- 
erty in question, and each day on which such offense is committed or 
continues to exist shall be deemed a separate offense. And the United 
States district attorneys in said territory are required to see that the 
provisions of said sections are strictly enforced and they shall at once 
proceed to dispossess all persons of such excessive holdings of lands 
and t<> prosecute them for so unlawfully holding the same. 

S* c. 19. That no payment of any moneys on any account what- 
ever shall hereafter be made by the United States to any of the tribal 
governments or to any officer thereof for disbursement, but payments 
of all sums to members of said tribes shall be made under direction 
of the Secretary of the Interior by an officer appointed by him; and 
per capita payments shall be made direct to each inaividual in lawful 
money of the United States, and the same shall not be liable to the 
payment of any previously contracted obligation. 

Sec. 20. That the commission hereinbefore named shall have 
authority to employ, with approval of the Secretary of the Interior, 
all assistance necessary for the prompt and efficient performance of all 
duties herein imposed, including competent surveyors to make allot- 
ments, and to do any other needed work, and the Secretary of the 
Interior may detail competent clerks to aid them in the performance 
of their duties. 

Sec. 21. That in making rolls of citizenship of the several tribes 
as required by law, the Commission to the Five Civilized Tribes is 
authorized and directed to take the roll of Cherokee citizens of 1880 
(not including freedmen) as the only roll intended to be confirmed by 
this and preceding acts of Congress, and to enroll all persons now 



136 THE INDIAN TERRITORY. 

living whose names are found on said roll, and all descendants born 
since the date of said roll to persons whose names are found thereon; 
and all persons who have been enrolled by the tribal authorities who 
have heretofore made permanent settlement in the Cherokee Nation 
whose parents, by reason of their Cherokee blood, have been lawfully 
admitted to citizenship by the tribal authorities, and who were minors 
when their parents were so admitted; and they shall investigate the 
right of all other persons whose names are found on any other rolls 
and omit all such as may have been placed thereon by fraud or with- 
out authority of law, enrolling only such as may have lawful right 
thereto, and their descendants born since such rolls were made, with 
such intermarried white persons as may be entitled to citizenship 
under Cherokee laws. 

It shall make a roll of Cherokee freedmen in strict compliance 
with the decree of the court of claims rendered the 3d day of Feb- 
ruary, 1896. 

Said commission is authorized and directed to make correct rolls 
* of the citizens oy blood of all the other tribes, eliminating from the 
tribal rolls such names as may have been placed thereon by fraud 
or without authority of law, enrolling such only as may have lawful 
right thereto, and their descendants born since such rolls were made, 
with such intermarried white persons as may De entitled to Choctaw 
and Chickasaw citizenship under the treaties and the laws of said 
tribes. 

Said commission shall have authority to determine the identity 
of Choctaw Indians claiming rights in the Choctaw lands under article 
fourteen of the treaty between the United States and the Choctaw 
Nation concluded September 27, 1830, and to that end they may admin- 
ister oaths, examine witnesses, and perform all other acts necessary 
thereto and make report to the Secretary of the Interior. 

The roll of Creek freedmen made by J. W. Dunn, under authority 
of the United States, prior to March 14, 1867, is hereby confirmed, and 
said commission is directed to enroll all persons now living whose 
names are found on said rolls, and all descendants born since the date 
of said roll to persons whose names are found thereon, with such 
other persons of African descent as may have been rightfully admit- 
ted by the lawful authorities of the Creek Nation. 

It shall make a correct roll of all Choctaw freedmen entitled to 
citizenship under the treaties and laws of the Choctaw Nation, and all 
their descendants born to them since the date of the treaty. 

It shall make a correct roll of Chickasaw freedmen entitled to 
any rights or benefits under the treaty made in 1866 between the 
United States and the Choctaw and Chickasaw tribes and their de- 
scendants born to them since the date of said treaty and forty acres 
of land, including their present residences and improvements, shall 
be allotted to each, to be selected, held, and used by them until their 
rights under said treaty shall be determined in such manner as shall 
be hereafter provided by Congress. 

The several tribes may, by agreement, determine the right of 
persons who for any reason may claim citizenship in two or more 
tribes, and to allotment of lands and distribution of moneys belonging 
to each tribe; but if no such agreement be made, then such claimant 
shall be entitled to such rights in one tribe only, and may elect in 
which tribe he will take such right; but if he fail or refuse to make 
such selection in due time, he shall be enrolled in the tribe with whom 
he has resided, and there be given such allotment and distribution, 
and not elsewhere. 

No person shall be enrolled who has not heretofore removed to 
and in good faith settled in the nation in which he claims citizenship: 
Provided, however, That nothing contained in this act shall be so con- 
strued as to militate against any rights or privileges which the 
Mississippi Choctaws may have under the laws of or the treaties with 
the United States. 

Said commission shall make such rolls-descriptive of the persons 
thereon, so that they may be thereby identified, and it is authorized to 
take a census of each of said tribes, or to adopt any other means by 
thom deemed necessary to enable them to make such rolls. They shall 
have access to all rolls and records of the several tribes, and the 
I nitrd States court in Indian Territory shall. have jurisdiction to com- 
|m I the officers of the tribal governments and custodians of such rolls 
and records to deliver same to said commission, and on their refusal 
or failure to do bo to punish them for contempt; as also to require all 
citizens of said tribes, and persons who should be so enrolled, to 
appear before said commission Cor enrollment, at such times and 
places as may be fixed by said commission, and to enforce obedience 



THE INDIAN TERRITORY. 137 

of all others concerned, so far as the same may be necessary, to 
enable said commission to make rolls as herein required, and to punish 
anyone who may in any manner or by any means obstruct said work. 

The rolls so made, when approved by the Secretary of the Inte- 
rior, shall be final, and the persons whose names are found thereon, 
with their descendants thereafter born to them, with such persons as 
may intermarry according to tribal laws, shah alone constitute the 
several tribes which they represent. 

The members of said commission shall, in performing all duties 
required of them by law, have authority to administer oaths, examine 
witnesses, and send for persons and papers; and any person who shall 
willfully and knowingly make any false affidavit or oath to any 
material fact or matter before any member of said commission, or 
before any other officer authorized to administer oaths, to any affi- 
davit or other paper to be filed or oath taken before said commission, 
shall be deemed guilty of perjury, and on conviction thereof shall 
be punished as for such offense. 

Sec. 22. That where members of one tribe, under intercourse 
laws, usages, or customs, have made homes within the limits and on 
the lands of another tribe they may retain and take allotment, em- 
bracing same under such agreement as may be made between such 
tribes respecting such settlers; but if no such agreement be made the 
improvements so made shall be appraised, and the value thereof, in- 
cluding all damages incurred by such settler incident to enforced re- 
moval, shall be paid to him immediately upon removal, out of any 
funds belonging to the tribe, or such settler, if he so desire, may 
make private sale of his improvements to any citizen of the tribe 
owning the lands: Provided, That he shall not be paid for improve- 
ments made on lands in excess of that to which he, his wife, and 
minor children are entitled to under this act. 

Sec. 23. That all leases of agricultural or grazing land belong- 
ing to any tribe made after the 1st day of January, 1898, by the tribe 
or any member thereof shall be absolutely void, and all such grazing 
leases made prior to said date shall terminate on the 1st day of April, 
1899, and all such agricultural leases shall terminate on January 1, 
1900; but this shall not prevent individuals from leasing their allot- 
ments when made to them as provided in this act, nor from occupy- 
ing or renting their proportionate shares of tne tribal lands until the 
allotments herein provided for are made. 

Sec. 24. That all moneys paid into the United States Treasury 
at Saint Louis, Mo., under provision of tnis act shall be placed to 
the credit of the tribe to which they belong; and the assistant United 
States treasurer shall give triplicate receipts therefor to the depositor. 

Sec. 25. That before any allotment shall be made of lands in 
the Cherokee Nation, there shall' be segregated therefrom by the com- 
mission heretofore mentioned, in separate allotments or otherwise, the 
157,600 acres purchased by the Delaware tribe of Indians from the 
Cherokee Nation under agreement of April 8, 1867, subject to the judi- 
cial determination of the rights of said descendants and the Cherokee 
Nation under said agreement. That the Delaware Indians residing in 
the Cherokee Nation are hereby authorized and empowered to bring 
suit in the court of claims of the United States, within sixty days 
after the passage of this act, against the Cherokee Nation, for the 
purpose of determining the rights of said Delaware Indians in and 
to the lands and funds of said nation under their contract and agree- 
ment with the Cherokee Nation dated April 8, 1867; or the Cherokee 
Nation may bring a like suit against said Delaware Indians; and juris- 
diction is conferred on said court to adjudicate and fully determine 
the same, with right of appeal to either party to the supreme court 
of the United States. 

Sec. 26. That on and after the passage of this act the laws of 
the various tribes or nations of Indians shall not be enforced at law 
or in equity by the courts of the United States in the Indian Territory. 

Sec. 27. That the Secretary of the Interior is authorized to locate 
one Indian inspector in Indian Territory, who may, under his author- 
ity and direction, perform any duties required of the Secretary of the 
Interior by law, relating to affairs therein. 

Sec. 28. That on the 1st day of July, 1898, all tribal courts in 
Indian Territory shall be abolished, and no officer of said courts shall 
thereafter have any authority whatever to do or perform any act 
theretofore authorized by any law in connection with said courts, or 
to receive any pay for same; and all civil and criminal causes then 
pending in any such court shall be transferred to the United States 
court in said territory by filing with the clerk of the court the origi- 



138 THE INDIAN TERRITORY. 

nal papers in the suit: Provided, That this section shall not be in force 
as to the Chickasaw, Choctaw and Creek tribes or nations until the 
1st day of October, 1898. 



THE ATOKA AGREEMENT. 

Sec. 29. That the agreement made by the Commision to the Five 
Civilized Tribes with commissions representing- the Choctaw and 
Chickasaw tribes of Indians on the 23d day of April, 1897, as herein 
amended, is hereby ratified and confirmed, and the same shall be of 
full force and effect if ratified before the 1st day of December, 1898, 
by a majority of the whole number of votes cast by the members of 
said tribes at an election held for that purpose; and the executives of 
said tribes are hereby authorized and directed to make public procla- 
mation that said agreement shall be voted on at the next general 
election, or at any special election to be called by such executives for 
the purpose of voting on said agreement; and at the election held for 
such purpose all male members of each tribe qualified to vote under 
his tribal laws shall have the right to vote at election precinct most 
convenient to his residence, whether the same be within the bounds 
of his tribe or not: Provided, That no person whose right to citizen- 
ship in either of said tribes or nations is now contested in original 
or appellate proceeaings before any United States court shall be per- 
mitted to vote at said election: Provided further, That the votes cast 
in both said tribes or nations shall be forthwith returned duly certified 
by the precinct officers to the national secretaries of said tribes or 
nations, and shall be presented by said national secretaries to a board 
of commissioners consisting of the principal chief and national secre- 
tary of the Choctaw Nation, the governor and national secretary of 
the Chickasaw Nation, and a member of the Commission to the Five 
Civilized Tribes, to be designated by the chairman of said commis- 
sion; and said board shall meet without delay at Atoka, in the Indian 
Territory, and canvass and count said votes and make proclamation of 
the result; and if said agreement as amended be so ratified, the pro- 
visions of this act shall then only apply to said tribes where the same 
do not conflict with the provisions of said agreement; but the pro- 
visions of said agreement, if so ratified, shall not in any manner affect 
the provisions of section fourteen of this act, which said amended 
agreement is as follows: 

This agreement, by and between the Government of the United 
States, of the first part, entered into in its behalf by the Commission 
to the Five Civilized Tribes, Henry L. Dawes, Frank (J. Armstrong, 
Archibald S. McKennon, Thomas B. Cabiniss, and Alexander B. Mont- 
gomery, duly appointed and authorized thereunto, and the govern- 
ments of the Choctaw and Chickasaw tribes or nations of Indians in 
the Indian Territory, respectively, of the second part, entered into 
in behalf of such Choctaw and Jhickasaw governments, duly appoint- 
ed and authorized thereunto, viz: Green McCurtain, J. S. Standley, N. 
B. Ainsworth, Ben Hampton, Wesley Anderson, Amos Henry, D. C. 
Garland, and A. S. Williams,, in behalf of the Choctaw tribe or nation, 
and R. M. Harris, I. O. Lewis, Holmes Colbert, P. S. Mosely, M. V. 
Cheadle, R. L. Murray, William Perry, A. H. Colbert, and R. L. Boyd, 
in behalf of the Chickasaw tribe or nation. 

ALLOTMENT OF LANDS. 

Witnesseth, That in consideration of the mutual undertakings, 
herein ccmtained, it is agreed as follows: 

That all the lands within the Indian Territory belonging to the 
Choctaw and Chickasaw Indians shall be allotted to the members of 
said trims so as to give to each member of these tribes so far as 
possible a fair and equal share thereof, considering the character and 
fertility of the soil and the location and value of the lands. 

Thai all the lands set apart for town sites, and the strip of land 
Lying between the City of Fort Smith, Ark., and the Arkansas and 
Poteau rivers, extending up said river to the month of Mill Creek; 
and 640 acres each, to include tbe buildings now occupied by the Jones 
Academy, Tuslcahoma Female Seminary, Wheelock Orphan Seminary 
and Armstrong Orphan Academy, and ten acres Cor the capitol build- 
ing of the Choctaw Nation; L60 acres each, immediately contiguous to 
and Including the buildings known as Bloomfield Academy, Lebanon 
Orphan Home, Harley Institute, Rock Academy, and Collins Institute, 



THE INDIAN TERRITORY. 139 

and five acres for the capitol building in the Chickasaw Nation, and 
the use of one acre of land for each church house now erected outside 
of the towns, and eighty acres of land each for J. S. Murrow, H. R. 
Schermerhorn, and the widow of R. S. Bell, who have been laboring as 
missionaries in the Choctaw and Chickasaw nations since the year 
1866, with the same conditions and limitations as apply to lands allot- 
ted to the members of the Choctaw and Chickasaw nations, and to be 
located on lands not occupied by a Choctaw or a Chickasaw, and a 
reasonable amount of land, to be determined by the town site com- 
mision, to include all court houses and jails and other public buildings 
not hereinbefore provided for, shall be exempted from division. And 
all coal and asphalt m or under the lands allotted and reserved from 
allotment shall be reserved for the sole use of the members of the 
Choctaw and Chickasaw tribes, exclusive of freedmen: Provided, That 
where any coal or asphalt is hereafter opened on land allotted, sold, 
or reserved, the value of the use of the necessary surface for prospect- 
ing or mining, and the damage done to the other land and improve- 
ments, shall be ascertained under the direction of the Secretary of the 
Interior and paid to the allottee or owner of the land by the lessee 
or party operating the same, before operations begin. That in order 
to such equal division, the lands of the Choctaws and Chickasaws shall 
be graded and appraised so as to give to each member, so far as 
possible, an equal value of the land: Provided further, That the Com- 
mission to the Five Civilized Tribes shall make a correct roll of Chick- 
asaw freedmen entitled to any rights or benefits under the treaty made 
in 1866 between the United States and the Choctaw and Chickasaw 
tribes and their descendants born to them since the date of said 
treaty, and forty acres of land, including their present residences and 
improvements, snail be allotted to each, to be selected, held, and used 
by them until their rights under said treaty shall be determined, in 
such manner as shall hereafter be provided by act of Congress. 

That the lands allotted to the Choctaw and Chickasaw freedmen 
are to be deducted from the portion to be allotted under this agree- 
ment to the members of the Choctaw and Chickasaw tribe so as to 
reduce the allotment to the Choctaws and Chickasaws by the value 
of the same. 

That the said Choctaw and Chickasaw freedmen who may be 
entitled to allotments of forty acres each shall be entitled each to 
land equal in value to forty acres of the average land of the two 
nations. 

That in the appraisement of the lands to be allotted the Choctaw 
and Chickasaw tribes shall each have a representative, to be ap- 
pointed by their respective executives to co-operate with the commis- 
sion to the Five Civilised Tribes, rr any one making appraisements 
under the direction of the Secretary of the Interior in grading and 
appraising the lands preparatory to allotment. And the land shall 
be valued in the appraisement as if in its original condition, excluding 
the improvements thereon. 

That the appraisement and allotment shall be made under the 
direction of the Secretary of the Interior, and shall begin as soon 
as the progress of the surveys, now being made by the United States 
Government, will admit. 

That each member of the Choctaw and Chickasaw tribes, includ- 
ing Choctaw and Chickasaw freedmen, shall, where it is possible, have 
the right to take his allotment on land, the improvements on which 
belong to him, and such improvements shall not be estimated in the 
value of his allotment. In the case of minor children, allotments shall 
be selected for them by their father, mother, guardian, or the admin- 
istrator having charge of their estate, preference being given in the 
order named, and shall not be sold during his minority. Allotments 
shall be selected for prisoners, convicts, and incompetents by some 
suitable person akin to them, and due care taken that all persons 
entitled thereto have allotments made to them. 

All the lands allotted shall be nontaxable while the title remains . 
in the original allottee, but not to exceed twenty-one years from date 
of patent, and each allottee, shall select from his allotment a home- 
stead of 160 acres, for which he shall have a separate patent, and 
which shall be inalienable for twenty-one years from date of patent, 
'inis provision shall also apply to the Choctaw and Chickasaw freed- 
men to the extent of his allotment. Selections for homesteads for 
minors to be made as provided herein in case of allotment, and the 
remainder of the lands allotted to said members shall be alienable 
for a price to be actually paid, and to include no former indebtedness 
or obligation — one-fourth of said remainder in one year, one-fourth 
in three jears, and the balance of said alienable lands in five years 
from the date of the patent. 



140 THE INDIAN TERRITORY. 

That all contracts looking to the sale or incumbrance in any way 
of the land of an allottee, except the sale hereinbefore provided, shall 
be null and void. No allottee shall lease his allotment, or anv portion 
thereof, for a longer period than live years, and then without 'the priv- 
ilege of renewal. Every lease which is not evidenced by writing, set- 
ting out specifically the terms thereof, or which is not recorded in 
the clerk's office of the United States court for the district in which 
the land is located, within three months after the date of its execu- 
tion, shall be void, and the purchaser or lessee shall acquire no rights 
whatever by an entry or holding thereunder. And no such lease or 
any sale shall be valid as against the allottee unless providing to him 
a reasonable compensation for the lands sold or leased. 

That all controversies arising between the members of said tribes 
as to their right to have certain lands allotted to them shall be settled 
by the commission making the allotments. 

That the United States shall put each allottee in possession of his 
allotment and remove all persons therefrom objectionable to the al- 
lottee. 

That the United States shall survey and definitely mark and 
locate the ninetv-eighth (98th) meridian of west longitude between Red 
and Canadian rivers before allotment of the lands herein provided for 
shall begin. 

MEMBERS' TITLES TO LANDS. 

That as soon as practicable, after the completion of said allot- 
ments, the principal chief of the Choctaw Nation and the governor of 
the Chickasaw Nation shall jointly execute, under their hands and 
the seals of the respective nations, and deliver to each of the said 
allottes patents conveying to him all the right, title, and interest of 
the Choctaws and Chickasaws in and to the land which shall have 
been allotted to him in conformity with the requirements of this 
agreement, excepting all coal and asphalt in or under said land. Said 
patents shall be framed in acordanee with the provisions of this 
agreement, and shall embrace the land allotted to such patentee and 
no other land, and the acceptance of his patents by such allottee shall 
be operative as an assent on his part to the allotment and con- 
vevance of all the lands of the Choctaws and Chickasaws in accord- 
ance with the provisions of this agreement, and as a relinquishment of 
all his right, title and interest in and to any and all parts thereof, 
except the land embraced in said patents, except also his interest in 
the proceeds of all lands, coal and asphalt herein excepted from 
allotment. 

That the United States shall provide by law for proper records 
of land titles in the territory occupied by the Choctaw and Chickasaw 
tribes. 

RAILROADS. 

The rights of way for railroads through the Choctaw and Chicka- 
saw nations to be surveyed and set apart and platted to conform to 
tne respective acts of Congress granting the same in cases where said 
rights of way are defined by such acts of Congress, but in cases where 
the acts of Congress do not define the same then Congress is memo- 
rialized to definitely fix the width of said rights of way for station 
grounds and between stations, so that railroads now constructed 
through said nations shall have, as near as possible, uniform rights of 
way; and Congress is also requested to fix uniform rates of fare and 
freight for all railroads through the Choctaw and Chickasaw nations; 
branch railroads now constructed and not built according to acts of 
Congress to pay the same rates for rights of way and station grounds 
as main lines. 

TOWN SITES. 

It is further agreed that there shall be appointed a commission 
for each of the two nations. Each commission shall consist of one 
member, to be appointed by the executive of the tribe for which said 
commission is to act, who shall not be interested in town property 
other than his home, and one to be appointed by the President of the 
United States. Bach of said commissions shall lay out town sites, to 
ho restricted as far as possible to their present limits, where towns 
at* now located in (he nation for which said commission is appointed. 
Said commission shall have prepared corred and proper plats of each 
town. ;nid file one in the clerk's office ot the United States district 
court for the district in which the town is located, and one with the 
principal chief or governor of the nation in which the town is located, 
and one with tin: Secretary of the Interior, be approved by him before 



THE INDIAN TERRITORY. 141 

the same shall take effiect. When said towns are so laid out, each 
lot on which permanent, substantial, and valuable improvements, 
other than fences, tillage, and temporary houses, have been made, 
shall be valued by the commission provided for the nation in which 
the town is located at the price a fee simple title to the same would 
bring in the market at the time the valuation is made, but not to in- 
clude in such value the improvements thereon. The owner of the 
improvements on each lot shall have the right to buy one residence 
and one business lot at fifty per centum of the appraised value of such 
improved property, and the remainder of such improved property at 
62V& per centum of the said market value within sixty days from date 
of notice served on him that such lot is for sale, and if he purchases 
the same he shall, within ten days from his purchase, pay into the 
treasury of the United States one-fourth of the purchase price, and 
the balance in three equal annual installments, and when the entire 
sum is paid shall be entitled to a patent for the same. In case the 
two members of the commission fail to agree as to the market value 
of any lot, or the limit or extent of said town, either of said com- 
missioners may report any such disagreement to the judge of the dis- 
trict in which such town is located, who shall appoint a third member 
to act with said commission, who is not interested in town lots, who 
shall act with them to determine said value. 

If such owner of the improvements on any lot fails within sixty 
days to purchase and make the first payment on same, such lot, with 
the improvements thereon, shall be sold at public auction to the 
highest bidder under the direction of the aforesaid commission, and 
the purchaser at such sale shall pay to the owner of the im- 
provements the price for which said lot shall be sold, less 62 1 / £ per 
cent of said appraised value of the lot, and shall pay the Q2V 2 per cent 
of said appraised value into the United States Treasury, under regu- 
lations to be established by the Secretary of the Interior, in four in- 
stallments, as hereinbefore provided. The commission shall have the 
right to reject any bid on such lot which they consider below its value. 

All lots not so appraised shall be sold from time to time at public 
auction (.after proper advertisement) by the commission for the nation 
in which the town is located, as may seem for the best interest of the 
nations and the proper development of eaph town, the purchase price 
to be paid in four installments as hereinbefore provided for im- 
proved lots. The commission shall have the right to reject any bid 
for such lots which they consider below its value. 

All the payments herein provided for shall be made under the 
direction of the Secretary of the Interior into the United States 
treasury, a failure of sixty days to make any one payment to be a, 
forefeiture of all payments made and all rights under the contract: 
Provided, That the purchaser of any lot shall have the option of pay- 
ing the entire price of the lot before the same is due. 

No tax shall be assessed by any town government against any 
town lot unsold by the commission, and no tax levied against a lot 
sold, as herein provided, shall constitute a lien on same till purchase 
price thereof has been fully paid to the nation. 

The money paid into the United States treasury for the sale of 
all town lots shail be for the benefit of the members of the Choctaw 
and Chickasaw tribes (freedmen excepted), and at the end of one year 
from the ratification of this agreement, and at the ena of each year 
thereafter, the funds so accumulated shall be divided and paid to the 
Choctaws and Chickasaws (freedmen excepted), each member of 
the two tribes to receive an equal portion thereof. 

That no law or ordinance shall be passed by any town which in- 
terferes with the enforcement of or is in conflict with the laws of the 
United States in force in said Territory, and all persons in such towns 
shall be subject to said laws, and the United States agrees to main- 
tain strict laws in the territory of the Choctaw and Chickasaw tribes 
against the introduction, sale, barter, or giving away of liquors and 
intoxicants of any kind or quality. 

That said commission shall be authorized to locate, within a 
suitable distance from each town site, not to exceed five acres to be 
used as a cemetery, and when any town has paid into the United 
States Treasury, to be part of the fund arising from the sale of town 
lots, ten dollars per acre therefor, such town shall be entitled to a 
patent for the same as herein provided for titles to allottees, and shall 
dispose of same at reasonable prices in suitable lots for burial pur- 
poses, tne proceeds derived from such sales to be applied by the town 
government for the proper improvement and care of said cemetery. 

That no charge or claim shall be made against the Choctaw or 
Cuxckasaw tribes by the United States for the expenses of surveying. 



142 THE INDIAN TERRITORY. 

and platting the lands and town sites, or for grading, appraising, and 
anotting the lands, or for appraising and disposing of the town lots 
as herein provided. 

That the land adjacent to Fort Smith and lands for court- 
houses, jails, and other public purposes, excepted from allotment 
shall be disposed of in the same manner and for the same purposes as 
provided for town lots herein, but not till the Choctaw and Chick- 
asaw councils shall direct such disposition to be made thereof, and 
said land adjacent thereto shall be placed under the jurisdiction of 
the City of Fort Smith, Ark., for police purposes. 

There shall be set apart and exempted from appraisement and 
sale in the towns, lots upon which churches and parsonages are now 
built and occupied, not to exceed fifty feet front and one hundred 
feet deep for each church or parsonage; Provided. That such lots shall 
only be used for churches and parsonages, and when they ceased to be 
used shall revert to the members of the tribes to be disposed of as 
other town lots: Provided further, That these lots may be sold by the 
churches for which they are set apart if the purchase money there- 
for is invested in other lot or lots in the same town, to be used for the 
same purpose and with the same conditions and limitations- 

It is agreed that all the coal and asphalt within the limits of the 
Choctaw and Chicicasaw Nations shall remain and be the common 
property of the members of the Choctaw and Chickasaw tribes (freed- 
men excepted), so that each and every member shall have an equal 
and undivided interest in the whole; and no patent provided for in this 
agreement shall convey any title thereto. The revenues from coal 
and asphalt, or so much as shall be necessary, shall be used for the 
education of the children of Indian blood of the members of said 
tribes. Such coal and asphalt mines as are now in operation, and all 
others which may hereafter be leased and operated, shall be under 
the supervision and control of two trustees, who shall be appointed by 
the Presiuenc of the United States, one on the recommendation of the 
Principal Chief of the Choctaw Nation, who shall be a Choctaw by 
blood, whose term shall be for four years, and one on the recom- 
mendation of the Governor- of the Chickasaw Nation who shad be a 
Chickasaw by blood, whose term shall be for two years; after which 
the term of appointees shall be four years. Said trustees, or either of 
them, may, at any time, be removed by the President of the United 
States for good cause shown. They shall each give bond for the faith- 
ful performance of th^ir duties, under such rules as may be prescribed 
by the Secretary of the Interior. Their salaries shall be fixed and 
paid by their respective nations, each of whom shall make full report 
of all his acts to the Secretary of the Interior quarterly. All sucn 
acts shall be subject to the approval of said Secretary. 

All coal and asphalt mines in the two nations, whether now de- 
veloped, or to be hereafter developed, shall be operated, and the royal- 
ties therefrom paid into the Treasury of the United States, and shall 
be drawn therefrom under such rules and regulations as shall be 
prescribed by the Secretary of the Interior. 

All contracts made by the National Agents of the Choctaw and 
Chickasaw Nations for operating coal and asphalt, with any person or 
corporation which were, on April twenty-third, eighteen hundred and 
ninety-seven, being operated in good faith are hereby ratified and con- 
firmed, and the lessee shall have the right to renew the same when 
they expire, subject to all the provisions of this Act. 

All agreements heretofore made by any person or corporation 
with any member or members of the Choctaw or Chickasaw nations, 
the object of which was to obtain such member or members' permis- 
sion to operate coal or asphalt, are hereby declared void: Provided, 
Th;it nothing herein contained shall impair the rights of any holder 
or owner of a leasehold interest in any oil, coal rights asphalt, or min- 
eral which have been assented to by act of Congress, but all such in- 
terests shall continue unimpaired hereby and shall be assured by new 
leases from such trustees of coal or asphalt cairns described therein, 
by application to tne trustees within six months after the ratification 
of this agreement, subject, however, to payment of advance royalties 
herein provided for. 

All Leases under this agreement shall include the coal or asphalt- 
um, or other mineral, as the case may be, in or under nine hundred 
and sixty acres, which shall be in a square' as nearly as possible, and 
shall be for thirty years. The royalty on coal shall be fifteen cents per 
ton of two thousand pounds on all coal mined, payable on the 25th 
day of th<- month next succeeding that in which it is mined. Royalty 
on asphalt sh;ill he sixty cents per ton, payable same as coal; Pro- 
vi<l<<l. That the Secretary of the Interior may reduce or advance roy- 



THE INDIAN TERRITORY. 143 

alties on coal and asphalt when he deems it for the best interests of 
the Choctaws and Chickasaws to do so. No royalties shall be paid 
except into the United States Treasury, as herein provided. 

All lessees shall pay on each coal or asphalt claim at the rate of 
one hundred dollars per annum, in advance, for the first and second 
years; two hundred dollars per annum, in advance, for the third and 
fourth years; and five hundred dollars for each succeeding year there- 
after. All such payments shall be treated as advanced royalty on the 
mine or claim on which they are made, and shall oe a credit as roy- 
alty when each said mine is developed and operated, and its produc- 
tion is in excess of such guaranteed annual advance payments, and all 
persons having coal leases must pay said annual advanced payments 
.on each claim, whether developed or undeveloped: Provided, however, 
r lnat should any lessee neglect or refuse to pay such advanced annual 
royalty for the period of sixty days after the same becomes due and 
payable on any lease, the lease on which default is made shall become 
null and void, and the royalty paid in advance thereon shall then be- 
come and be the money and property of the Choctaw and Chickasaw 
nations. 

In surface, the use of which is reserved to present coal operators, 
shall be included such lots in towns as are occupied by lessees' houses 
—either occupied by said lessees' employes, or as offices or warehouses; 
Provided, however, That in those town sites designated and laid out 
under the provision of this agreement where coal leases are now being 
operated and coal is being mined, there shall be reserved from ap- 
praisement and sale all lots occupied by houses of miners actually en- 
gaged in mining, and only while they are so engaged, and in addition 
thereto a sufficient amount of land to be determined by the town-site 
board of appraisers, to furnish homes for the men actually engaged in 
working for the lessees operating said mines, and a sufficient amount 
for all buildings and machinery for mining parposes; And, provided 
further. That when the lessees shall cease to operate said mines, then 
and in that event the lots of land so reserved snail be Qisposed of by 
the coal trustees for the benefit of the Choctaw and Chickasaw tribes. 
That whenever the members of the Choctaw and Chickasaw 
tribes shall be required to pay taxes for the support of schools, then 
the fund arising from such royalties shall be disposed of for the equal 
benefit of their members (freedmen excepted) in such manner as the 
tribes may direct. 

It is further agreed that the United States courts now existing or 
that may hereafter be created, in the Indian Territory, shall have 
exclusive jurisdiction of all controversies growing out of the titles, 
ownership, occupation, possession, or use of real estate, coal and 
asphalt in tne territory occupied by the Choctaw and Chickasaw 
tribes; and of all persons charged with homicide. embezzlement, bribery 
and embracery, breaches, or disturbances of the peace, and carrying- 
weapons, hereafter committed in the territory of said tribes, without 
reference to race or citizenship of the person or persons charged with 
such crime, and any citizen or officer of the Choctaw or Chickasaw 
nations charged with such crme shall be tried, and, if convicted, pun- 
ished as though he were a citizen or officer of the United States. 

Anu sections sixteen hundred and thirty-six to sixteen hundred and 
forty-four, inclusive, entitled "Embezzlement," and sections seventeen 
hundred and eleven to seventeen hundred and eighteen, inclusive, en- 
titled "Bribery and Embracery," of Mansfield"s Digest of the laws of 
Arkansas, are hereby extended over and put in force in the Choctaw 
and Chickasaw nations; and the word "Officer," where the same ap- 
pears in said laws, shall include all officers of the Choctaw and Chick- 
asaw governments; and the fifteenth section of the Act of Congress, 
entitled "An Act to establish United States courts in the Indian Terri- 
tory, and for other purposes," approved March first, eighteen hundred 
and eighty-nine, limiting jurors to citizens of the United States, shall 
be held not to apply to United States courts in the Indian Territory 
held within the limits of the Choctaw and Chickasaw nations; and all 
members of the Choctaw and Chickasaw tribes, otherwise qualified, 
shall be competent jurors in said courts; Provided, That whenever a 
member of the Choctaw and Chickasaw nations is indicted for homicide, 
he may, within thirty days after such indictment and his arrest there- 
on, and before the same is reached for trial, file with the clerk of the 
court in which he is indicted, his affidavit that he can not get a fair 
trial in said court; and it thereupon shall be the duty of the juage of 
said court to order a change of venue in such case to the United States 
district court for the western district of Arkansas, at Fort Smith, 
Arkansas, or to the United States district court for the eastern district 
of Texas, at Paris, Texas, always selecting the court that in his judg- 



144 THE INDIAN TERRITORY. 

ment is nearest or most convenient to the place where the crime 
charged in the indictment is supposed to have been committed, which 
courts shall have jurisdiction to try the case; ana in all said civil suits 
said courts shall have full equity powers; and whenever it shall appear 
to said court, at any stage in the hearing of any case, that the tribe is 
in any way interested in the subject matter in controversy.it shall have 
power to summon in said tribe and make the same a party to the suit 
and proceed therein in all respects as if such tribe were an original 
party thereto; but in no case shall suit be instituted against the tribal 
government without its consent. 

It is further agreed that no act, ordinance or resolution of the 
council of either the Choctaw or Chickasaw tribes, in any manner af- 
fecting the land of the tribe, or of the individuals after allotment, or 
the moneys or other property of the tribe or citizens thereof (except 
appropriations for the regular and necessary expenses of the govern- 
ment of the respective tribes), or the rights of any persons to employ 
any kind of labor, or the rights of any persons who have taken or may 
take the oath of allegiance to the United States, shall be of any valid- 
ity until approved by the President of the United States. When such 
acts, ordinances or resolutions passed by the council of either of said 
tribes shall be approved by the governor thereof, then it shall be the 
duty of the national secretary of said tribe to forward them to the 
President of the United States, duly certified and sealed, who shall, 
within thirty days after their reception, approve or disapprove the 
same. Said acts, ordinances, or resolutions, when so approved, shall be 
published in at least two newspapers having a bona fide circulation in 
the tribe to be affected thereby, and when disapproved shall be re- 
turned to the tribe enacting the same. 

It is further agreed, in view of the modification of legislative au- 
thority and judicial jurisdiction herein provided, and the necessity of 
the continuance of the tribal governments so modified, in order to 
carry out the requirements of this agreement, that the same shall con- 
tinue for the period of eight years from the fourth day of March, 
eighteen hundred and ninety-eight. The stipulation is made in the 
belief that the tribal governments so modified will prove so satisfac- 
tory that there will be no need or desire for further change till the 
lands now occupied by the Five Civilized Trioes shall, in the opinion 
of Congress, be prepared for admission as a State to the Union. But 
this provision shall not be construed to be in any respect an abdica- 
tion by Congress of power at any time to make needed rules and regu- 
lations respecting said tribes. 

That all per capita payments hereafter made to the members of 
the Choctaw or Chickasaw nations shall be paid directly to each indi- 
vidual member by a bonded officer of the United States, under the di- 
rection of the Secretary of the Interior, which ohicer shall be required 
to give strict account for such disbursements to said Secretary. 

That the following sum be, and is hereby, appropriated, out of 
any money in the Treasury not otherwise appropriated, for fulfilling 
treaty stipulations with the Chickasaw Nation of Indians, namely: 

For arrears of interest at five per centum per annum, from De- 
cember thirty-first, eighteen hundred and forty, to June thirtieth, eight- 
een hundred and eighty-nine, on one hundred and eighty-four thou- 
sand one hundred and forty-three dollars and nine cents of the trust 
fund of the Chickasaw Nation erroneously dropped from the books of 
the United States prior to December thirty-first, eighteen hundred 
and forty and restored December twenty-seventh, eighteen hundred 
and eighty-seven, by the award of the Secretary of the Interior, under 
the fourth article of the treaty of June twenty-second, eighteen hun- 
dred and fifty-two, and for arrears of interest at five per centum per 
annum, from March eleventh, eighteen hundred and fifty, to March 
third, "ighteen hundred and ninety, on fifty-six thousand and twenty- 
Olie dollars and forty-nine cents of the trust funds of the Chickasaw 
Nation erroneously dropped from the books of tae United States March 
eleveth, eighteen hundred and titty, and restored December twenty- 
seventh, eighteen hundred and eighty-seven, by the award of the Sec- 
retary of the Interior, under the fourth article of the treaty of June 
twenty-second, eighteen hundred and fifty-two, five hundred and fifty- 
eighl thousand live hundred and twenty dollars and fifty-four cents, to 
be placed to the credit of the Chickasaw Nation with the fund to 
which it properly belongs; Provided, That if there be any attorneys' 
fees to he paid out of the same, on contract heretofore made and duly 
approved by the Secretary of the interior, the same is authorized to 
he p;iid by him. 

It is further agreed that the final decision of the courts of the 
United States iii tie e;is. of the Choctaw Nation and the Chickasaw 



THE INDIAN TERRITORY. 145 

Nation against the United States and the Wichita and affiliated bands 
of Indians now pending, when made, shall be conclusive as the basis 
of settlement as between the United States and said Choctaw and 
Chickasaw nations for the remaining lands in what is known as the 
"Leased District," namely, the land lying between the ninety-eighth 
and one hundredth aegrees of west longitude and between the Red 
and Canadian rivers, leased to the United States by the treaty or 
eighteen hundred and fifty-five, except that portion called the Chey- 
enne and Arappahoe country. heretofore acquired by the United States, 
and all final judgments rendered against said nations in any of the 
courts of the United States in favor of the United States or any citi- 
zen thereof shall first be paid out of any sum hereafter found due said 
Indians for any interest they may have in the so-called leased district. 

It is further agreed that all of the funds invested in lieu of in- 
vestment, treaty funds or otherwise, now held by the L nited States in 
trust for the Choctaw and Chickasaw tribe's, shall be capitalized with- 
in one year after tne tribal governments shall cease, so far as the 
same may legally be done, and be appropriated and paid by some 
officer of the United States appoint>?d for the purpose to the Choc- 
taws and Chickasaws (freedmen excepted) per capita, to aid and as- 
sist them in improving their homes and lands. 

It is further agreed that the Choctaws and Chickasaws, when 
their tribal governments cease, shall become possessed of all the 
rights and privileges of citizens of the United States. 

ORPHAN LANDS. 

It is further agreed that the Choctaw orphan lands in the State 
of Mississippi, yet unsold, shall be taken by the United States at one 
dollar and twenty-five cents ($1.25) per acre, and the proceeds placed 
to the credit of the Choctaw orphan fund in the Treasury of the 
United States, the number of acres to be determined by the General 
Land Office. 

In witness whereof the said commissioners do hereunto affix 
their names at Atoka, Indian Territory, this the twenty-third day of 
April, eighteen hundred and ninety seven. 

green Mccurtain, r. m. Harris, 

PRINCIPAL CHIEF, Governor. 

J. S. STANDLET, ISAAC O. LEWIS, 

N. B. AINSWORTH, HOLMES COLBERT, 

BEN HAMPTON, ROBERT L. MURRAY, 

WESLEY ANDERSON, WILLIAM PERRY, 
AMOS HENRY, R. L. BOYD, 

D. C. GARLAND, Chickasaw Commission. 

Choctaw Commission. 

FRANK C. ARMSTRONG, 

Acting Chairman. 
ARCHIBALD S. McKENNON, 
THOMAS B. CABANISS, 
ALEXANDER B. MONTGOMERY, 
Commission to the Five Civilized Tribes. 
H. M. JACOWAY, Jr., 
Secretary Five Tribes' Commission 
Approved June 28, 1898. 



HA ILEOA D A DTERTISEMEXTS. 



NEW EAST AND WEST LINE 




(HOCTAW> 




Through Sleeping Car Service 

. . FROM . . 

PRINCIPAL POINTS 

TO THE 

Famous Hot Springs 

OF ARKANSAS 

* * * * 

Elegant New Equipment and Pullman 
Sleepers on all Through Trains 

BETWEEN 

MEMPHIS, INDIAN TERRITORY, 

OKLAHOMA, TEXAS and the WEST 



•^ ^ /£ ^ 



Comprehensive Literature descriptive of the Territory traversed to 
be had for the asking. 

GEO. H. UEE, G. f>. a., 

LITTLE ROCK, ARK. 



J4S RAILROAD ADVERTISEMENTS 




The t * s 

Direct 
Line 

TO AND EROM THE 

Indian Territory 

AND ALL POINTS 

NORTH, CAST and WEST 

Superior Service 
Elegant Equipment 
Pullman Buffet Sleeping Cars 
Reclining Chair Cars 

"SCATS EREE OE EXTRA CHARGE" 

Elegant Day Coaches 

Homeseekers' Excursions 

THE EIRST AND THIRD TUESDAYS 
OE EACH MONTH . > 

ONE EAPE T ^ POUND TPIP S£ 

H. C. TOWNSEND, Gen'l Pass, and Ticket Agent 
ST. LOUIS, MO. 



RAILROAD ADYERTISE1TEXTS. M 




The only line having its own rails between 
points in the INDIAN and OKLAHOMA 
TERRITORIES and 

SPRINGFIELD 
MEMPHIS 
TUPELO 
BIRMINGHAM 

And the Southeast. Through Observation Cafe 
Cars through without change to Atlanta, with 
connections for all points in Georgia and Florida* 

Be sure to arrange for tickets via the 




RAILROAD ADVERTISEMENTS. 



Three Trains Daily $ 



»*i% »*<% »*t*» »*>*« »*i*« »tK /K »tK »*K »*K rTK »rK »rKvt*« »*K »«♦*. «tK «*K »*K » , K .'fr. .rfr« 

\pT^ T 47 T I!P T *4.' *47* '4. 1 ■•J. 1 '4V l 4* 4» 4* 4V ! 4» '•J. 1 '4.* '4.' '4.* \L' vE* \L* '4V 

♦ *£ 

f 

J TO AND FROM J 

! ST. L OUIS I 

I TWO TRAINS via HANNIBAL and | 
I KANSAS CITY f 

I *» I 

For further information address the nearest local J* 
"Katy" representative. "W 



J G HAILE, JAMES BARKER, J* 

7 Traffic Manager. Gen'! Piss. & Tkt. Agent. j^T 

fi*i r "t' 7 rjs ri"! t'i'i L*t~i i"! - ! iti itt tJTi t*t*i i*t*i i *J Ti tl*i rJ Ti tlfri rl*i iti t*fri t'frt iltTi t'Ti 

l X l { V l V 1 + l +' " ' l V V l V l V l V l V l V l V 1 *k l V l V l + l l V l V l V l V 



GHECOTAH, INDIAN TERRITORY 



.. 



Get-Off-At-Checotah" 



AND MAKE YOUR HEADQUARTERS AT 

SPAULDING-HUTCHINSON 
MERCANTILE CO'S. 

YOU KNOW 

We are Promoters and Developers of the Country 
Adjacent to Checotah, Ind. Ter. 

AND REMEMBER 



WE ARE DEALERS IN 



General Merchandise, Hardware 

and Implements, Lumber and 

Building Material, Cotton, 

and Live Stock* 



OFFICERS: 

H. B. SPAULDING, 

President 

W. H. WALKER, 

Vice-President 

V. E. AEHLER, 

Secretary 

R. B. HUTCHINSON, 

Treasurer * Manager 




DIRECTORS: 

H. B. SPAULDING 
W. H. WALKER 
V. E. AEHLER 
V R. B. HUTCHINSON 
LON ACUFF 
A. D. EVANS 



Spaulding=Hutchinson Mercantile Co. 

(incorporated) 

CAPITAL STOCK, $200,000. PAID UP. 

CHECOTAH, IND. TER. 



OKMVLGEE. INDIAN TERRITORY 



PARKINSON & CO. 

GENERAL MERCHANTS 

OKMULGEE, IND. TER. 

Have one of the Largest and Up-to-Date Stores in the West, 
CARRY A FULL LINE OF 

Dry Goods, Gents' Furnishing Goods, 

Boots and Shoes, Groceries and Feed* 
Hardware, Queensware, Furniture, 

Implements, Wagons, Buggies, &c. 



S. H. FULLEKTON, W. A. STUART, 

St. Louis. Mo. Okmulgee, Ind. Ter. 



FULLERTON-STUART 

LUMBER COMPANY 

DEALERS IN 

Lumber and r alt kinds of Building Material 

PAINTS, OILS, BRUSHES AND GLASS 

BUILDING PAPERS, BLACK DIAMOND AND 

PAROID ROOFING 

yard* )<^^;^ Okmulgee, Ind. Ter* 



OKMULGEE. IXDIAX TERRITORY 



SAM ROSE, Pres. C. E. REGNIER, Cashier. 




ITIZEN'S BANK 

Of OKMULGEE, 1ND. TER. 



Ia/E beg to announce that the CITIZEN'S BANK has recently been 
™ opened to the public for the general transaction of banking, and 
we respectfully 

SOLICIT ACCOUNTS FROM ALL IN NEED OF 
j* J> * jfi BANKING FACILITIES j» J> J- J> 

and to such every accommodation consistent with profitable and pru- 
dent banking will be accorded. 

Correspondence invited to those who contemplate locating in this 
vicinity. 

' SAM ROSE, President. 



GEO. A. MURPHY. President JACOB BOZARTH, Treas. & Gen'l Manager 

A. F. SEIDER, Vice-President NATHAN D. BOYD, Secretary 

The American Land, Loan and 
Trust Company 

CAPITAL STOCK - $25,000.00 
OKMULGEE, INDIAN TERRITORY. 

Has four active, energetic, experienced real estate men on the road 
handling Real Estate. Buys and sells Town Lots and Farm Lands. 
Makes loans, negotiates securities and does a general Loan and Trust 
business. Financial soundness and reliability guaranteed. Has large 
Eastern connections. Write or call on us. 

REFERENCES: 
FIRST NATIONAL BANK 
CITIZEN'S BANK . . . OKMULGEE. IND. TER. 



15k OKMULGEE. INDIAN TERRITORY 

S. P. MORRISON 

Ceading Druggist 

■■——bm— mii !■■!■■ ■wtmmmmmmmmaiimmmmmmmmmmmmmmmKm 

Complete Line of Drugs, Toilet c/lrticles, 

Paints, Oils, Wall Paper, Window Glass 

EVERYTHING COMPLETE 
N. W. Cor. Square Okmulgee, Ind. Ter. 

C. J. SHIELDS. ROBT. W. HAMILTON. 

SHIELDS & HAMILTON 

DEALERS IN 

General merchandise 

S. W. COR. OR SQUARE 

(PARKINSON'S OLD STAND) 

OKMULGEE, - - IND. TER. 

G. M. & H. W. GRIFFIN, Proprietors. Phone No. 9 

THE CAPITOL HOTEL 

THE LEADING HOTEL OF THE TOWN 

Headquarters for Commercial Men. Good Sample Room. 
Bus and Baggage Wagon meets all Trains. 

GRIFFIN BROS. OKMULGEE, IND. TER. 

G. M. & II, \Y GRIFFIN. All Bus and Baggage Calls Promptly 

PHONl No. 12 AttendedTo. 

GRIFFIN BROS. 

Livery, Bus and Transfer 

Office, Capitol Hotel OKMULGEE, IND. TER. 



WAGONER. INDIAN TERRITORY 



Cbe Wagoner Eand 

♦♦and** 

Investment Company 

OF WAGONER, IND. TER. 




OFFICERS: 

J. W. WALLACE - - President. 

W. C GIBBONS, - - - Vice-President. 
H. E. DODGE, - - - Treasurer. 

N. F. IRISH, - . - Secretary. 



BUYS AND SELLS 

Real Estate, Stocks, Bonds 

AND OTHER FIRST CLASS 

♦♦ ♦Securities*,. 

Prospective investors, and parties intending to engage in 
any line of business in the Indian Territory should consult 
their best interests by calling upon or addressing this Com- 
pany. 

Trustworthy information concerning all matters pertaining 
to investments cheerfully given. 



WAGOXER. IXDIAX TERRITORY 



THE 

FirstNational 
Bank 



Or WAGONER, IND 


. TER. 


* # * 




Capital Stock, - 


$50,000.00 


Surplus, - 


$40,000.00 






prncEPS 




J. W. GIBSON, J, 


, W. WALLACE, 


President 


Cashier 


T. /\. P/WKINSON, H. 


n. DODGE, 


Vice-President 


Assistant Cashier 


TRANSACTS i\ GENERAL BANKING BUSINESS 







COLLECTIONS RECEIVE SPECIAL ATTENTION 



WAGOXES. IXDIAX TERRITORY 



B. L. NAYLOR, pres F. M. DAVIS, vice-pres & gen'L mgr 

W. G. GIBBONS, secy J. W. WALLACE, treas 



THIS COMPANY BY ITS CHARTER IS 
AUTHORIZED TO CONDUCT A 

GENERAL LAND, INVESTMENT, 
MERCHANDISE AND BANK- 
ING BUSINESS. 

CORRESPONDENCE SOLICITED 

HOME OFFICE. BRANCH OFFICE, 

WAGONER, IND. TER. COWETA, INO. TER. 



WAGONER. INDIAN TERRITORY 



L. L. BALDRIDGE. F. W. FLATO, Jr. W. I. NICHOLSON. 

President. Vice-President. - Sec'y and Treas. 



The Verdigris Land and 
Contracting Company 

INCORPORATED 

Wagoner, - - - Indian Territory 

CAPITAL STOCK 

$30,000 



DIRECTORS: L. L. Baldridge, F. W. FUto, Jr., W. I. Nicholson, 
E. E, Baldridge, P. R. Austin, J. W. Gibson. 



ep ^ONTROL 60,000 acres tillable land. j| 

2j ^^ No better country for feeding and fat- ^ 

\ ■ tening hogs and cattle. Best results ob- i3 

^j tained with 40 per cent less feed than in ^ 

^ Missouri. Farming land adapted to the ^ 

^ growth of wheat, corn and cotton. Every- fo 

^ thing flourished that has been planted. )v 



A NEW COUNTRY AT A LOW PRICE 

WRITE FOR FURTHER PARTICULARS 



TULSA, JXDIAX TERRITORY 



DIRECTORATE 

JAY FORSYTHE, Pres J. H. McBIRNEY V. I SHURTLEFF 

F. E. TURNER, Vice-Pres GEO. BULLETTE C. L. REEDER 

FLOWERS NELSON, Secy L. W. WILLETTS J. D. SEAMAN 

B. F. COLLEY, Treas R T. EPPERSON 

THE TULSA OIL and MINING CO. 

(INCORPORATED) 

TULSA, INDIAN TERRITORY 

CAPITAL STOCK, $150,000. NON-ASSESSABLE 



THE LOGEE OIL and MINING CO. 

TULSA, IND. TER. 

CAPITAL STOCK, - - S500.000 

OFFICERS 

C. W. Knickerbocker, m. d., pres, O F. Starr, m. d., Auditor, 

Charles City, Iowa Tulsa, Indian Territory 

R. H. Patrick, vice-pres, C. L. Reeder, m. d., secy 

Tulsa, Indian Territory Tulsa, Indian Territory 

F. E. TURNER, Treas, Tulsa, Indian Territory 

FOR INFORMATION REGARDING STOCK AND HOLDINGS APPLY TO 
C. L. REEDER, SECRETARY. 



OFFICERS 

L. M. POE, Pres., Attorney at Law DR. FRED S. CLINTON, Secy, 

B F. COLLEY, Vice-Pres, Cash. First Nat l Bank C. B. LYNCH , Treas 

FRISCO OIL and GAS CO. 

TULSA, INDIAN TERRITORY 

DIRECTORS 
J. H. McBiRNEY, Asst Cashier First National Bank 

DR. J. N. JACKSON, of Kansas City, Mo. 

DR. J. C. W. BLAND, «f Red Fork, ind. Ter. 
GEO. T. WILLIAMSON, Williamson Bros.. Merchants 
Dr. s. g. Kennedy 

LEE CLINTON, Stockman. Red Fork, Ind. Ter. 
W. F. DECATUR, Monett. Mo. 



160 



TULSA, INDIAX TERRITORY 



JAY FORSYTHE, President. J. H. McBIRNEY, Secretary. 

R. T. EPPERSON, Vice President. B. F. GOLLEY, Treasurer. 
E. CALKINS, Attorney. 

CREEK NATION 
LAND * INVESTMENT CO. 

(INCORPORATED) 
CAPITAL STOCK, S25.000.00 

CITY AND COUNTRY PROPERTY AND LEASES 
TULSA, IND.TER. 



Dr. Samuel G. Kennedy, president. 
Dr. S. C. W. Bland, vice-president. 
Dr. Fred S. Clinton, secretary. 
Dr. James L. Kennedy, treasurer. 



DIRECTORS 
Dr. Samuel G. Kennedy, 
Dr. S. C. W. Bland, 
Dr. Fred. S. Clinton, 
Dr. James L. Kennedy, 
"A. RT Querry, 
James P. Gilmore, 
M. J. Romine. 



Tulsa Real Estate Exchange 

M. J. ROIVIINE, Manager. 
ROOMS 2, 3 and 4 KENNEDY BUILDING TULSA, IND. TER. 

WE BUY, SELL AND NEGOTIATE 

Oil and Mineral Leases, Agricultural Leases, Improved City Property 

Unimproved City Property, Stocks and Bonds of 

Substantial Corporations. 

J. A. Friend & Co. 
REAL ESTATE 

LOAN AGENTS 

TULSA, IND.TER. 

Business established in Tulsa in [896. We have at all times a large 

list of Farm and City Property; also Mineral and Oil Lands 

for sale or lease. We guarantee satisfaction 

to all our customers. 



TULSA, IXDIAX TERRITORY 



WRITE TO THE. 



Red Fork Developing Company 

FOR INFORMATION ON 

OIL- GAS- COAL-MINERAL- FARM-AND- PASTURE 

LANDS 

BRICK, POTTER'S FIRE CLAYS. SHALES, LIME AND CEMENT 

PROPERTIES FOR LEASE OR SALE 

SAMUEL C. DAVIS, secretary J. C. W. BLAND, manager 



Archer Hardware Co. 

Hardware and Furniture 

CHINA, GLASS and QUEENSWARE BINDERS, MOWERS and HAY TOOLS 
STOVES. RANGES, PIPE and PIPE FITTINGS 

Agents for Studebaker Wagons, Agricultural Implements. Wind Mills, Vehicles 

UNDERTAKING IN ALL ITS BRANCHES 

GEO. W. MOWBRAY, MANAGER TULSA, IND, TCRm 



W. E. KALSELL, PRESIDENT B. F. COLLEY, CASHIER 

L. APPLEBY, VICE-PRESIDENT J. H. McBIRNEY, ASST. CASHIER 



5171 



TTLJI^S^, 11X13. TE>]Fe. 

CAPITAL STOCK, . . . . S50,000.oo 

SURPLUS and PROFITS, .... 15,000.oo 

DEPOSITS, • 100.000.oo 

MONEY TO LOAN ON APPROVED SECURITY. YOUR BUSINESS SOLICITED 



TULSA, INDIAN TERRITORY 



A f?. Quarry 

Attorney at Law 

TULSA, - - - INDIAN TERRITORY 

Docs aJGeneral Practitioner's Business Before the Courts 
in the Indian Territory. Collections and Business Corre- 
spondence a Specialty. 

REFFERENCE FURNISHED ON APPLICATION 



E. CALKINS 



■ATOBNEY AT LAW; 

TULSA, IND. TER. 



Elowers Nelson 

Attorney at Law 

rorsyme Building TULSA, IND. TER. 

L. i v l. POE, . HARRY CAMPBELL, 

Tulsa, lad. "Per. Sapulpa, ind. Ter. 

POE & CAMPBELL 
Attorneys at Law 

TULSA, - - - INDIAN TERRITORY 



MUSKOGEE, INDIAN TERRITORY 



CHAT Muskogee is'destimd to be the mostimi ortantand influential commercial 
city in the beautiful Indian Territory is no longer a prophecy, but a settled 
fact; and it needs only a few more important firms, such as 

THE TURNER * ^ 
HARD WARE COMPANY 

to make it so. This establisnment excites the wonder and admiration of every 
customer, as well as visitor, who enters its doorways. Its Pounder and President, 
C. W. Turner, is a man still in the fullest vigor' and prime of life, whose success 
has been and continues to be in no wise phenomenal, but is the natural outgrowth 
of close application and keen insight to business; and of conducting all business in 
the most careful but broadguaged and liberal manner. 

As a firm it deserves its constant increase of patronage for more reasons than 
one. 

Ah of its many departments are in every way fully up-to-date and there is never 
any let up or lagging behind in this respect;, each ot its separate departmer ts being 
under the management of the most thorough and competent men who are untiring 
in their efforts to make the TURNER HARDWARE COMPANY the biggest and ! 
most prosperous concern in the Indian Territory. 

It is commonly current that this firm is the most accommodating business 
institution of all Territory firms Its 

iUbolesale and Retail hardware Department 

holds its own in every way, competing with the houses of the kind in Chicago, 
St. Louis and Kansas City. 

Cbe Buddy and Implement Department 

Is not to be equaled anywhere else in the Territory. 

Cbe Cin Sbop 

Is capacited to execute all orders in the promptest possible time and the most 
satisfactory manner. 

Cbe Cumber Vard 

Where car after car of Lumber, Lime, Brick, Cement, Sash, Doors and Blinds are 
unloaded and distributed all over the country is only a side issue to this great 
business institution, and yet this yard alone is large enough to lend prestige to any , 
commercial center. 

But standing apart and unrivaled in its originality and conception is 

Cbe furniture and Hrt Department 

Where a prosperous and appreciated business has been conducted from its begin- 
ning, under the peerless motto: 

'*& thing of beauty is a joy forever: 
Its loveliness increases; it will never 
Pass into nothingness." 

On this basis they have builded wisely and well and the influence that a once 
crude and uninformed community derived from such a department established at just 
such a stage when this country was only beginning to feel its present prosperity 
and future growth was one of the most refining and uplifting influences of its kind 
ever established in such a community. 

Its beautiful Pictures, Books, Statuary; the class of Rugs, Carpets, Draperies, 
Furniture, (^ueensware, "Wall Papers and selected novelties suitable for such a de- 
partment are all calculated to remind one of nothing less than the life work of 
Wm. Morris in the Old World. 

For this department has distributed a class of goods in many instances which 
will be treasured for all time to come by those into whose hands they may fall long 
after, in the natural ordtr of things, this large firm shall have passed out of 
existence. 



MVSKOGEE, IXDIAX TERRITORY 



U< IS 

Ui 9S 

vfc W 

* W 

S D. H. HIDDLETON, Pres C. W. TURNER, Treas $ 

* R. L. 13AUGH, Sec'ij $ 
it ^ 

* ' ' * 

I CAPITOL, - $50,000 

0/ *» 

*..•-..'. 9S 

iriUSKOOEE 1 
I DEVELOPMENT! 



i Company I 

\U IS 

ilt W 

* IS 

* Room 5, Turner Building 5 

I MUSKOGEE, INDIAN TERRITORY. 

* J 



Or 
if 
I 



WE do a general real estate business, make 
a specialty of renting and leasing country 
lands for farms and grazing purposes. If gou 
want a home in the best town in theTerritorg, 
or want to lease or rent a farm or ranch, 
write us. 

MUSKOGEE DEVELOPMENT CO. 



TT p FT 

:: h :; 






SOUTH ITcALESTER, IXDIAX TERRITORY 



.+. t'tt 'i?* t 'tj lTj. tJTi ifi ttj tt, t't% tti it* tiTi iti itl iti ^ ''fr' »"fr« **fr' t^' tJCi 
i • s ij,i ij,* ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML' ML* ML' 

fThe^eLONEf 

$ FOUR STORES IN ONE | 

zK ^F ^F ^ ^r 7 vj% 

|J The Only Complete Department ^ 

* Store in the Indian Territory % 

$. ^ * ^ ^ $ 

♦ ■ ♦ 

^h The place where you can obtain anything you want g± 
.j+j. to eat, wear and use at reasonable prices. Jk 

^ # * * # <| 



I The eydone $ 

#• KAEISER & FULLER <$► 

♦ * 

$ SOUTH McALESTER - IND. TER. $ 



KG SOUTH McALESTER, INDIAN TERRITORY 

First national Bank 

OF SOUTH McALESTER 

[No. OP' Bank, 5052. J 

F. S. GENUNG, President 

W. J- WADE, First Vice-President 

E. J. FANNIN, Second Vice-President 
E. T. BRADLEY, Cashier 

J. T. LOCKARD, Ass't Cashier 

OPEN FOR BUSINESS DECEMBER 12, 1896 

Capital Stock - $65,000 

Surplus and Undivided Profits .... 20,000 

Directors— J. H. Gordon, C C. Hemming, F. S. Genung, E. J. Fannin, 
E. T. Bradley, Yancey Lewis, W. J. Wade. 

Safety Deposit Boxes for Rent 

NOTARY PUBLIC IN BANK 

Buy "Bank Money Orders'' from the First National Bank. "Bank 

Money Orders" are cheaper than any other kind of money orders 

and much preferred by all business people. 

Statement of the First National Bank of South McAlester, I. T., 
at the close of business April 24, as rendered to the U. S- Comptroller 
of the Currency. 

RESOURCES. 

Loans and Discounts $180,690 54 

U. S. Bonds and premiums 17.922.64 

Banking house, furniture and fixtures 6.064.23 

Other Real Estate owned 2,000.00 

Cash in vault and with banks 108,342.59 

Above statement is correct. $315,020.00 

E. T. Bradley, Cashier. 

LIABILITIES. 

Capital Stock $ 65.000.00 

Surplus and Undivided Profits 21,915.29 

Circulation (secured by U. S. Bonds) 16,250.00 

Individualdeposits 211,854.71 

$315,020.00 

LIST OF STOCKHOLDERS. 

C. C. Hemming Mrs. Alma H. Brownlie H. T. Douglas 

E. T. Bradlev Mrs. M. E. Stevens J. W- Tovvnsend 

F. S. Genung Miss Gertrude Leonard E. B. Copley 

E. J. Fannin Miss Marv Leonard A. Ward Copley 

W. J. Wade Mrs. Jessie Genung J. C- Cunningham 

J. H. Gordon S- Zacharias W. H. H. Clayton 

Yancey Lewis Wm. Schwarz Philos S. Jones 

Mrs. J. W. Phillips Ira D. Oglesbv Geo. W Scales 

Mrs. A. L. Townsend, Ira D. Oglesbv, Jr. O. Fuller 

Guardian John W- Creveling 



SOUTH Mc A LESTER, IXDIAX TERRITORY W 



George a. Mansfield J. F. McMurray • Melven Cornish 



^ 
m* 



MANSEIELD, 
McMURRAY 
™ D CORNISH 

ATTORNEYS AT LAW 

SOUTH NcALESTER 
IND. TER. 



GENERAL COUNSEL EOR 
THE CHOCTAW AND CHICKASAW NATIONS 



SOUTH lh- A LESTER, INDIAN TERRITORY 



FRANKLIN BACHE, L. W, BRYAN, 

PRESIDENT SECY AND GEN'L MGR 

JAS. DEGNAN, A. M. STEWART, 

VICE-PREST AND TREAS. GEN'L SALES AGENT 



CONSOLIDATED COAL 
COMPANY 

SOUTH McALESTER, - - IND. TER, 

McALESTER COAL AND COKE 



0000000000000000 0000000000000000000 



Sole Agents for 

Mexican Gulf Coal and Transportation Co. 
McAlester Coal and Mineral Co. 
Missouri, Kansas and Texas Coal Co. 
Eastern Coal and Mining Co 
Kali Inla Coal Co (Fanshaw.) 
Choctaw Coke Co. 

And other Coal interests on the line of the 
Choctaw, Oklahoma & Gulf R. R. Co. 



OOOOOOOOOOOOOOOO 0000000000000000000 



PROMPT SERVICE BEST QUALITY 



SOUTH McALESTER, INDIAN TERRITORY 169 

ci?i t*l*i t 't'i y fo t't'i tits « *t' > **b* t^K t't't t'fr* >*£* iTi «*!% t 'j'i t't' t t'frt tTl i't'i t*t* t *^* * f ^ > * 
T!p TJTT^TJT T|?TJ7 '4.* •+• •+• •+• •+* •*• ••*• •+• •+• \|.* *+• •.$.• •+• •+• ^ ^p 

T HAL. TOWNSEND, PRESIDENT Y 

^ C. L. TOWNSEND, VICE-PRESIDENT ^ 

^ SAMUEL M. NAVE, SECRETARY *&. 

♦ M ~ " " r " ♦ 

^X AGENTS IN INDIAN TERRITORY FOR Ji 

<£. SWIFT & CO., Packers «£ 

# SOUTH McALESTER, #• 

J IND. TER. J 



T©WNSEND 
Wholesale 
Grocery Co. I 

INCORPORATED UNDER ]F 

THE LAWS OF MISSOURI Y 



SOUTH Mc A LESTER, IXDIAX TERRITORY 






JESSE ASHER, 

T^ EXCURSION AGENT, M., K. & T. RY. I 

^ D. F. CAMPBELL, 

f NOTARY PUBLIC * 




j AXshcr, Campbell } 

&Co. 



! 

i 



i * 

| Real Estate, Loans } 

! and Insurance 



I SOUTH McALESTER, - IND. TER. I 

t I 

4* \\ rite us, for any information In regard 4 

J to the Indian Territory. We are well $ 

acquainted with the Country. 4 

| WE MAKE LEASES ON INDIAN LANDS I 
WE ALSO DEAL IN CITY 

PROPERTY 

t * 

t * 

we will show parties over the territory I 

LOOKING FOR PINE TIMBER, COAL, ASPHALT, 
t MINERALS OF ALL KINDS. OR OIL. 

t ' I 

| WRITE US FOR BOOK AND MAP, PRICE50C f 

X I 



HOLDEXTILLE, IXDIAX TERRITORY 



L. WALKER. 



LAKE MOORE. 



WALKER & MOORE 

ATTORNEYS AT LAW 

Holdenville, Ind. Ter. 



t2P* t&* *2F* t^* 

PRACTICE BEFORE ALL COURTS AND DEPARTMENTS 
NOTARY IN OFFICE * <* DEPOSITIONS TAKEN 

Represent R. 0. Dun & Co., St. Louis & San Franeisco R R., City Attorneys. 



A.W. SCOTT. Proprietor. 



MRS. A. J. CHURCH, Manager. 



[Hotel 0cott 



HOLDENVILLE, I. T. 



RATES: $2.00 PER DAY 



New in Every Particular, Electric Bells, Free Sample Rooms. 
One of the New and Up-to-Date Hotels of the Indian Territory. 



HOLDENVILLE, INDIAN TERRTORY 



A. B DUNLAP, President. YV. J. SMITH, Vice-President. 

L. D. ALLRED, Cashier. 

First National Bank 

HOLDENVILLE, IND, TER. 
GAPITAL, - - $50,000.00 

LANDS, LOANS, INSURANCE 

Accounts of Merchants, Banks and Individuals Solicited. 

ASSOCIATE BANKS: 

First National Bank, Madill, I. T. First National Bank, Ada, I. T. 

First National Bank, Tishomingo, I. T. First National Bank, Sallisaw. I. T. 

Southern National Bank. Wynnewood. I. T. State Bank. Mill Creek, I. T. 

State Bank, Henryetta, I. T. 

"AH business receives prompt and careful attention" 

WILLARD JOHNSTON, President. C. S. REED, Cashier. 

NO. 5735 

The National Bank 

OF HOLDENVILLE 

HOLDENVILLE, IND. TER. 

GENIAL BANKING BUSINESS 

LOANS, COLLECTIONS, INSURANCE. 

OFFERS SAFE DEPOSIT TO ALL. SOLICITS THE ACCOUNTS OF 

MERCHANTS, STOCKMEN AND FARMERS. 



D. N. KELKER, 

:.. DEALER IN... 

LOANS AND LEASES, CITY PROPERTY. 

REFERENCE: FIRST NATIONAL BANK. 

ROOM NO. 3, MARKS BUILDING, 
HOLDENVILLE, - IND. TER. 



HOLDENVILLE. INDIAN TERRITORY 173 

The Holdenville Real Estate and 
Loan Company 

Holdenville, - Intl. Term 

Farm Lands, City Property, Insurance 

LEASES SECURED 

NOTARY IN OFFICE. DEPOSITIONS TAKEN. CORRESPONDENCE SOLICITED 

Reference: First National Bank, Holdenville, Ind. Ter. 

THE HOLDENVILLE TRIBUNE 

HOLDENVILLE, IND. TER. 

J. H. CLAWS ON, Editor and Propr. 



Terms: One Dollar Per Year in Advance 

Full of News relating to the Indian Territory. 

S. F. LOWE. JOHN A. JACOBS. W. S. LOWE. 

Lowe, Jacobs & Lowe, 
Real Estate, Loan & Insurance Agents 

HOLDENVILLE, IND. TER. 

Farm Lands and City Property for Sale or Rent. 
Insurance and Collections a Specialty. 

Letters of inquiry promptly and accurately answered. 

Reference: Any Bank in Holdenville 



HOLDENVILLE, INDIAN TERRITORY 



H. B. ADAMS & CO. 

Real Estate Brokers 

Holdenville, Ind. Ter. 



Renting rcirmsand Leasing Lands given Special 
Attention. 



Deal in Citv Property, Write Insurance and 
Loan Monev. 



CORRESPONDENCE SOLICITED 



MUSKOGEE, INDIAN TERRITORY 

Territorial Engineer Company 

J. MCBEAN. ENGINEER IN CHARGE, 

ROOM JO. TURNER BLOCK. MUSKOGEE. I. T. 

P. O. BOX, 702 

\\ c are equipped to do a .general engineering and surveying 
business In any part of the Territory, such as Laying out. of 
Tovvnsit.es, Staking Lots and giving Grades or any other legiti- 
mate engineering business. 



MA DILL, INDIAN TERRITORY 



A. B. DUNLAP, President J. E. DILLINGHAM, Vice-President 

F. R. HEDRICK, Cashier 
E. F. DUNLAP, Vice-President 



(No. 5404) 



In E 



iFDiff MAT (lii/AL 

MADILL, IND. TER. 



CAPITAL, - $50,000.00 



THE OLDEST BANK IN THE CITY 



We invite correspondence on any subject. Any business 
entrusted to us will have prompt and careful 
attention. We extend to our customers 
every facility which their balances, 
business and responsi- 
bility warrant. 



MA DILL, 1X1)1 AX TERRITORY 



D. N. TALIAFERRO, President W. E. REESE, Vice-President 

J. W. GREER, Cashier 




THE 



riADILL BANK 

Of MADILL, IND. TER. 

Capital Stock, $50,000.00 

Does a General Banning Business 
Collecrions a Specialty 




Correspondents: 

WCSTCRN NATIONAL BANK, New York. 
NftTIONftL BANK Or COMMERCE, Kansas City, Ho. 
CQMP1ERCIHL NATIONAL BANK, New Orleans, La. 



MA DILL. IXDIAX TERRITORY 177 

SOPER & RIDER, 

ATTORNEYS AT LAW, 

MADILL, Chickasaw Nation, IND. TER. 

Correspondence Solicited in regard to Leases in the Chick- 
asaw Nation. :; 
Information of all kinds cheerfully given. 



Crowell & Humphrey 

Lawyers and 
Insurance Agents... 

MADILL, = IND. TER. 

1HE- — 

"Hampton House" 

A Strictly First Class Hotel, 

Free Carriages to and from all Trains. 

Patronage of the Traveling Public Solicited. 

Reference: Our Customers. 

M. T. AUSHERMAN, prop. 



EUFAULA. INDIAN TERRITORY 



C.H.TULLY, 

Wholesale and Retail Merchant 

WE CARRYTHE FOLLOWING LINE OFGOODS 

Dry Goods, Clothing, Hats, Boots and Shoes, 

Groceries, Hardware, Queensware, Furniture, 
Saddles, Harness and Strap Goods, 

Lumber, Building Material, Implements, 
Buggies and Farm Wagons. 

We have a Gin and buy Cotton. Employ and work from forty to 
fifty men. We solicit the trade of all good people that come to the 
Indian Territory. Fair treatment and satisfaction guaranteed. 

C. //. TULLY. . . EUFAULA, IND. TER. 

BURDETT'S 

THE LARGEST GENERAL STORE 

IN THE INDIAN TERRITORY 

TWO STORY STONE BUILDING 60x150 FEET. 

Capital Stock, $60,OOO.oo 

J. BURDETT^-^ 

EUFAULA, - - - |ND. TER. 

FIRST NATIONAL BANK 

OF EUFAULA, IND. TER. 

C. E. FOLEY, Pres't. PHILLIP BROWN, Vice-Pres't. J. F. CRANE, Cashier 



Paid Up Capital, $40,000.00 



THE ACCOUNTS OF MERCHANTS, FARMERS AND 
CATTLEMEN ESPECIALLY SOLICITED. 



EWFAWLA INDIAN TERRITORY 179 

J. BURDETT. President. R M. COUNTERMAN, Vice-President 

C. W. McCALL, Cashier. E. M. WASHINGTON, Asst. Cashier. 



CAPITAL, STOCK - $35,000.00 

Business entrusted to our care wil! receive prompt and careful 
attention. Drafts on all parts of the world. Safety Deposit Boxes. 

Directors: J. J. McAllister, \V. A. Graham, R. M. Counterman. T. B. Benson. 
J. C. Belt, C. W. McCall and J. Buudett. 

Opened for Bi^«ii/xfci»« £^«si^t- ^r>, H)01. 



W. Q. MORH ART 

WHOLESALE AND RETAIL .... 

DRUGS, BOOKS and STATIONERY 

EUFAULA. INDIAN TERRITORY. 

EUFAULA, I. T. 
CANADIAN,!. T. 
BON HAM, TEXAS. 

GENERAL MERCHANDISE 

WHOLESALE AIVD RETAIL. 

TURNER & CRANE 

GENERAL MERCHANDISE 
COTTON FACTORS =^ 

EUFAULA, - - IND. TER. 



180 E VFA ULA , INDIA N TERRITOR T 

WALTER T. FEARS 
Real Estate Agent, 

""Will 1E3xj-3 t , Urease; or I^dT-t I^eainoissi for ~Vou. 
C^oarireis potidence Solicited. 

EUFAULA, IND. TER. 

Dry Goods, Clothing Notary Public. Staple and 

Gent's Furnishings. Fancy Groceries. 

W.R.SAMUEL.'.. 

General Merchandise. 



Men, Women and . .. . -., , r £ . . - ™ 

children's Fine shoes. Main Street . . Euf aula, Ind. Ter. 



C. G. MOORE, 

DRUGGIST and BOOK SELLER 

EUFAULA, IND. TER. 

T. K. BELT 

Drugs «£ Books 

and Stationery 

EUFAULA, IND. TER. 



ROFF, IX DI AX TERRITORY 



E. D. NIMS, Pres't. LORENZ RODKE, Viee-Fres't. 

C. S. HUDSON, Cashier. 



NO 5417 






ORGANIZED JUNE, 1900 

ROFF, IND. XER. 

* * * * 

Capital, $25,000. Surplus and Profits, $3,000 

O. R. TANNER. S. L. BARNES. 

TANNER & BARNES 

AGENCIES AT 

ROFF AND DAVIS, IND. TER. 

"We have a list of Choice Town and ff\ We write Fire, Tornado, Accident, 

Farni Property. A lottery is not £ Stkam BoiLERj Plate Glass, 

to be compared with invest- (f 

ments in Indian Territory (»\ Burglary 

REALESTATE £ INSURANCE 



ULYSSES G. WINN 

<* Attorney and Counselor at Law * 

ROFF, IND. TER. 

EX-UNITED STATES COMMISSIONER. 



ROFF, IXDIAN TERRITORY 



HASTINGS LUMBER CO. 

— DEALERS IN — 

LUflBER 



— DEALERS IN — 

Rough and 
Dressed . 



Doors, Sash, Shingles, and all kinds Building Material. 
Sherwin=Willams Paint that "Covers the Earth." 

Stock Complete, Fair Treatment, Lowest Prices Guaranteed 

b. w. PICKETT, 

OFFICE, WEST MAIN ST. Manager for Roff Yard. 

A.J. BATTLE 

MANUFACTURER OF 

Harness and Saddlery 

ROFF, IND. TER. 

Smith & Hazen 

ROF*F\ IND. TER. 

CARRY A COMPLETE LINE OF ... . 

HARDWARE, STOVES, TINWARE 

BUGGIES, WAGONS AND 
AGRICULTURAL IMPLEMENTS 

t*y" A LARGE BUSINESS DONE ON SMALL PROFITS -^£& 



ROFF. IXOIAX TERRITORY 



LEON KAHN.... 

ROFF, IND. TER. 

GENERAL MERCHANDISE 

WHOLESALE AND RETAIL 

Carries a most Complete and Up-to-Date Stock of Goods, 

All Departments being equipped with the goods the 

trade of the country demands. 

The Whaples-Painter Co* 

ROFF, IIND. TER. 

LUMBER M DEALERS 

Incorporated for $100,000 
W. M. BAUGHM AN, Manager 

Has 20 Lumber Yards- — 12 in Texas and 8 in the 
Indian Territory. 

GENERAL OFFICE AT GAINESVILLE, TEXAS. 

CUMMINGS & FISHER DRUG CO., 

ROFF, IND. TER. 

CARRY A FULL LINE OF 

DRUGS andOTHER GOODS 

USUALLY FOUND IN A FIRST CLASS 
DRUG STORE 



18k VINITA, INDIAN TERRITORY 


W. H. KORNEGAY 


c. W. DAY 


ATTORNEY 


DENTIST 


AT LAW 


Gold Crown and Bridge Work 


Office; New Halsell Bldg. 


a Specialty 


VINITA, IND. TER. 


OFFICE OVER 


Will Practice in all United States Courts 


FIRST NATIONAL BANK 


in the Indian Territory 


VINITA, 1. T. 



USE ROBINSON CIPHER 

QUOTATIONS SUBJECT TO MARKET CHANGES 

ESTABLISHED 1890 

FRED.J.KELLEY 

WHOLESALE DEALER IN 

Choice Upland Prairie Hay 

VINITA, IND. TER. 

warehouses: 
white oak, on st. l. & s. f. ry. 

big cabin, on m. k. & t. ry. 
adair. on m. k. & t. ry 

vinita, on st. l. &. s. f. and m. k. &t. ry. 

Whitman Hay Presses, Best Sickle Binder and Bale Ties. 

Leading Hay Merchant in the Territory, Corres- 
pondence with prospective buyers solicited. 

STORAGE CAPACITY, 4000 TONS 



CHEROKEE NATIONAL BANK, 

No. 5860 
VINITA, I X I ). TER. 

CAPITAL STOCK, 525,000.00 

L. K. McGUEFJN, I'r.K. THOS. T. WIMEK, Viee-Pres. 

W. K. McGBORQ-B, Cashier. 
directors: 

L. K. MCQ.UTFIN l>l<. TIJ08, T. WIMKK \\\ II. DARROtTGH L. F, PARKER, -M:. 

n;Kl». i.. KKU.KV W. B. MCGEOROE JOHN KKANKMN K.N. KATi'Ll !■'!•• 



YINITA , IXDIAX TERK1T0R ¥ 18c 



Vinita Electric Light, lec 

and Power Company... 

VINITA, IND. TER. 

CRYSTAL ICE... SPECIAL RATES IN CAR LOAD LOTS 

Made from PURE ARTESIAN WATER ™ NEIGHBORING TOWNS 

OLIVER BAGBY, Pres't. d. O. HALL. Vice-Pres't. 

W. P. PHILLIPS. Cashier. 

THE 

First National Bank 

VINITA, IND. TER t 

CAPITAL - - - - - '- '■ $100,000 

SURPLUS ----- - 20,000 

.DEPOSITS - - - - - - 250,000 

DIRECTORS: 

OLIVER BAGBY. H. F. FORTNER, E. B. FRAYSER, A. L. CHURCHILL, J. O. 

HALL. W. H. KORNEGAY, W. A. GRAHAM, G. W. CLARK, W. E. HALSELL 

Oldest and Strongest National Bank in Cherokee Nation. 

Accounts received on the most favorable terms and collections 
handled carefully, promptly and at lowest rates. 

Correspondence of prospective investors invited. 

VINITA INVESTMENT CO. 

OFFICE IN 
CHEROKEE NATIONAL BANK BUILDING 

VINITA, - - - INDIAN TERRITORY 

BUY AND SELL REAL ESTATE, RENT PROPERTY, 
LOAN MONEY, ETC. 



1S6 -VINITA , INDIA N TERHITOIi T 



W. M. MELLETTE. EDGAR SMITH 

MELLETTE & SMITH 

Attorneys at Law 

VINITA, IND. TER. 



Engaged in the General Practice be- 
fore all the Tribunals in 
the Territory 



"W. T. HUTCHINGS L. F. PARKER JR. 

P. C. WEST 

Hutchings, Parker 
and West^ — 

ATTORNEYS - AT - LAW 

MUSKOGEE. . .VINITA 

Will practice in all the Courts before the 
Dawes, Commission and the Depart- 
ment of the Interior. 



RATCLIFF-HALSELL GROCER CO. 

(INCORPORATED) 

Wholesale Grocers 



VINITA, IND, TER, 
Warehouses at Muskogee and Sapuipa, 



With ample facilities and capital we solicit a share of the 
trade of the merchants of the Indian Territory. 



QUOTATIONS SUBJECT TO MARKET CHANGES 
USE ROBINSON CIPHER 

SMITH & LEFORCE 

WHOLESALE DEALERS IN 

Choice Upland and Prairie Hay 

Storage Capacity, 3,000 Tons 
Warehouses on the M. K. & T. and Frisco VINITA, IND. TER. 



DURA XT. INDIAN TERRITORY 




JESSE ASHER, excursion agent, m., k. & t. r'y 

D. F. CAMPBELL, ATTORNEY AT LAW 

D.F. 
Campbell 

REAL ESTATE, LOANS 
AND INSURANCE 

DURANT, !ND. TER. 

o • • 

WRITE US FOR INFORMATION IN REGARD TO 
THE INDIAN TERRITORY 

• © • 

WE WILL SHOW PARTIES OVER THE TERRITORY LOOKING 

FOR PINE TIMBER, COAL, ASPHALT, MINERALS 

OF ANY KIND, OR OIL. 

• • • 

WRITE US FOR BOOK AND MAP, PRICE 50 Cts. 



1COPyO5t.T0CAT.OIV. 



BMH 



J 






S*wH? A 



Jil 






IGMl 









J 













i 



■ •;**;* 




INFORMATION 

FOR 

HOME-SEEKERS 
INVESTORS. 



1 











?#♦;♦/*; 
♦»♦!♦' 












COMPILED BY 

ex-UNITED STATES 

LAND APPRAISERS 

RICE SO CENTS 






























*S 




gagggg?j^^& 






MW«*4 






1 









►;♦!* 
♦V<i 



' 



1 



[♦»''♦'♦■♦ 



• 












^♦•^'♦■♦■jfc'-rVV^i 



.^♦^♦>*J$m 







.♦:♦ ' 



/♦V* 






»,♦>'♦'♦ 



» 












* 



rip' fy 4,. ■$>, *. 



Library of Congress 
Branch Bindery, 1903 



